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Mu kutasar AL-Qupori

THE

MUKHTASAR

or IMAM Apu 'L-HusayYN AHMAD IBN MUHAMMAD

IBN AHMAD IBN JA FAR IBN HAMDAN

AL-QUDURI

(362 AH - 428 AH)

A MaAnua_ oF IsLamic Law

ACCORDING TO THE HANAFI SCHOOL

Translated from the Arabic

with Introduction and Notes by

TAHIR Maumoop KIANi

First Published in April 2010

Published by: Ta-Ha Publishers Ltd.
Unit 4, The Windsor Centre
Windsor Grove

London

SE27 ONT
Website: www.taha.co.uk
E-mail: sales@taha.co.uk

All rights reserved. No part of this publication may be reproduced, stored in any retrieval
system or transmitted in any form or by any means, electronic, mechanical, photocopying,
recording or otherwise without the prior permission of the publishers.

General Editor: Dr. Abia Afsar-Siddiqui
Edited by: Abdassamad Clarke
Typeset by: Muhammad Amin Franklin

A catalogue record of this book is available from the British Library.

ISBN-13: 978 1 84200 1189
ISBN-13: 978-1-84200-149-3 (ePub)

Printed and bound by: Mega Basim, Turkey

CONTENTS

FOREWORD

Endorsements of the Translation

1. Muhammad Imdad Hussain Pirzada

2. al-Hajj Abu Ja‘far al-Hanbali

3. Shaykh Muhammad ibn Yahya an-Ninowl1
INTRODUCTION

Figh
Meaning and Application
Objectives
Compilers

The Mukhtasar al-Quduri
About the Author
About the Book
The Translation

1. TAHARAH — PURIFICATION

Wudu’ — Minor Ritual Purification
The Obligations (Fara’id) of Wudu’
The Sunnahs of Purification [sought in Wudu’]
Matters that are Recommended (Mustahabbat) in Wudu’
That which Nullifies Wudit’

Ghusl — Major Ritual Purification
The Obligations of Ghus!
The Sunnahs of Ghusl
The Factors which make Ghus! Obligatory
When Ghus! is Sunnah

Sipulations fo ie the e Validity of Tayammum
The M ethno of 7 aya ammum

Preconditions of Prayer

Seer ¢ of! Ro ows
Other Issues Pertaining to Prayer

i! — Supererogatory Prayers
Ruling of Recitation? in S upererogatory Prayers

Its nanan eins.

The Burial
The Stillborn

9s (Zuru‘) and Fruits (Thimar)

it is Permitted to Pay Zakah and those to whom it is not

Those Entitled

Those Not Entitled

if al-Qudum — Circumambulation ee Arrival
Going V igorously and Quickly Between Safa and Mar

Offences (Ji ~_ oo ) y " uring Hajj
Conjugal Rel
we

Negotiated Rescission of the Contract

rabahah — Profit-based Sale awliyah — Profitless Sale

IE’S LEGAL COMPETENCE

Making an Exception to to an A cknowledge ‘ment
Confession on Deatk

) ehel hometl ip
as-Sana’i‘ — Partnership in Manufacture

Sharikat al-Wujuh — Partnership in Liabilities

U ns dene! Pe rtnerships

Kinds of Divorce.
“xplicit Divorce

HIS. iS FREEDOM |

ry 1 va77 J Tar..J31_L1 1 ° ny 4 oe
Tt Lm mM yi VA/nf (1 TIL AKRSL [' AtiztirmifritihehRanmw ~frIm ot Nh J/iyqaulz7mtryin
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Kinds of os

rgans of f the F Himnan n Body ¢ of which there i is only One
saad ‘of the Human Body erin Panik

Offences by Riding Animals
oe by Slaves

Eelinsts in ioleadionies

Residuaries (‘/ \sabat)

The Noble Qur’a
Jadith Compilations

FOREWORD
ENDORSEMENTS OF THE TRANSLATION

1. MUHAMMAD IMDAD HUSSAIN PIRZADA

In the name of Allah, the All-Merciful, the Most-Merciful

Al-Mukhtasar, the jurisprudential treatise of Imam al-Quduri, has enjoyed
far more popularity than any other text in the Hanafi school. It is the nucleus
around which laws revolve, and the foundation upon which other texts,
commentaries and summaries are based. For hundreds of years, Mukhtasar
al-Quduri has been presented to the masses in many forms, such as lectures
in Islamic institutions and study circles, as well as in publications. It covers
thousands of issues, enveloping all aspects of life; from worship to politics,
and from private life to the international scene. I am pleased with the manner
in which Tahir Mahmood Kiani has undertaken the task of providing an
English translation of this masterpiece. As a former student and current
lecturer at the institution of Jami’a al-Karam, this work of his has brought
about a sense of appreciation and honour to all those associated with the
institution. I recommend this English translation of Mukhtasar al-Quduri to
everyone, especially to the students and teachers of Hanafi jurisprudence.

Muhammad Imdad Hussain Pirzada
Founder & Principal of Jami‘a al-Karam,
Eaton Hall, Retford, U.K.

2. AL-HAJJ ABU JA’FAR AL-HANBALI

In the Name of Allah, the Most Merciful, the Most Compassionate Praise
be to Allah and peace and blessings be upon the Chosen One, his wives,
family and companions.

As for what comes next:

I was shown extracts of Mukhtasar al-Quduri by our brother Tahir Kian.
I looked through both extracts, those being the Transactions and also the
Introduction. I have found both of them not only lucid and easy to understand
but also well written.

After further reading, I have found that this work has the capacity to be
the most authoritative book on Hanafi figh in English based upon the extracts
that have been shown to me. It is my sincere prayer and hope in Allah that the
author will be successful in completing and presenting this much needed
work in the English language to give adherents to the Hanafi School an
authoritative text to return to for rulings. And with Allah is every success.

Was-Salaam,
Brother in Islam,
Al-Hajj Abu Ja‘far al-Hanbali

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3. SHAYKH MUHAMMAD IBN YAHYA AN-
NINOWI

In the name of Allah, the All-Merciful, the Most-Merciful

All praise is due to Allah Who causes those whom He wishes goodness to
understand the figh of the din [of Islam] and endows him with sincerity in
intention and in action, secretly and openly, and makes him travel the path of
those who do not disobey Him in any affair; and peace and blessings be upon
our Master Muhammad who has been sent to all beings as a warner, calling to
Allah by His leave, and as an illuminating lamp; and upon his pure family

and his noble companions — peace [upon them all] in abundance.

Whoever looks carefully and is good at reflection on the lives of the
Imams of figh, of the Imams of the People of the Sunnah and the Community
(Ahl as-Sunnah wa’l-Jamd‘ah) — may Allah be pleased and satisfied with
them, ought to pause by the boundless sea that is the Great Imam Abu
Hanifah an-Nu‘man, may Allah have mercy on him and be pleased with him,
whose knowledge is rarely matched. His figh is externally a striped silk
brocade and internally a well-ordered pearl in its depths. The Imams have
testified to that and the Ummah are unanimously agreed on his magnificence.
In this regard, he is the lord of his own spirituality (his own spiritual guide),
the master of his own wholeness (his own master) and the sirocco of his own
winds (his own academic reference). Our Imam ash-Shafi‘T, may Allah have
mercy on him and be pleased with him, has indicated that, saying: “In terms
of fiqh, the people are dependents of Abu Hanifah.” May Allah be pleased
with them all, have mercy on them all, and elevate their stations in the
uppermost abodes of Paradise (‘I/liyyun). The imams adopted the manner of
the Greatest Imam (Abu Hanifah), may Allah have mercy on him, following
his words and verdicts, commenting on his books and transmissions. They, in
all this, are emulating the Sunnah of the Greatest Prophet #; they abide by his
method, and they are adherents of those inheritors of his of the people of
dhikr. Among them was the exemplary erudite scholar of figh, Imam Abu’|-
Husayn Ahmad ibn Muhammad al-Quduri al-Hanafi al-Baghdadi, may Allah
have mercy on him. He was born in 362 AH, and is known by the title of al-
Quduri due to the sale of pots (qudur), which is a plural of gidr (pot). He
acquired legal knowledge (figh) from his teacher Muhammad ibn al-Jurjani,
who acquired it from Abu Bakr ar-Razi (al-Jassas), who acquired it from
Hasan al-Karkhi, who acquired it from Abu Sa‘id al-Barda‘l, who acquired it
from ‘Ali ad-Daqgag, who acquired it from Musa ibn Nasr ar-Razi, who
acquired it from Imam Abu ‘Abdullah Muhammad ibn al-Hasan ash-
Shaybani, who acquired it from Imam Abu Hanifah, may Allah have mercy
on them and be pleased with them. The leadership of the Hanafis in Iraq
came to rest with Imam al-Qudurt.

Of the many beneficial works he authored there are the Mukhtasar, and
the Tajrid in matters of disputation, etc. He was of those who analyse and
assess the relative merits of verdicts within a school of thought (sahib

attarjth). When he authored the Mukhtasar, he took it with him to the House
of Allah and suspended it from the cover of the Ka‘bah and beseeched Allah
to place blessings therein for him, which he was granted, and Allah made his
manual to be acknowledged by the Ummah. Generations transmitted it and
preserved it by means of explanation, study, teaching and translation, for
Allah had placed blessing and general benefit in it. Imam al-Quduri died in
Rajab, 428 AH and was buried in Baghdad, may Allah have mercy on him
and render his highest resting place in Paradise lofty for him.

This imposing manual, the Mukhtasar, is popularly known as the
Mukhtasar al-Quduri, and is characterised by two things:

1. It confidently addresses popular issues within the school (madhhab) in
three hundred and sixty chapters.

2. It abstains from using vague expressions in such a manner that it
presents the wordings with simplicity and ease, so much so that numerous
Hanafi masters, may Allah have mercy on them, have said: “It is the most
beautiful manual with the finest form of concision and marvellousness.” This
has been narrated by Hajji Khalifah in Kashf az-Zunun 2/1631, and he said:
“It is a strong and authentic text that is employed by imams and notables.” He
himself is of this opinion.

Among the blessings of this Mukhtasar there is that there is a class of
legal texts that have been built upon the foundation of the Mukhtasar al-
Quduri, which include the Tuhfat al-Fugaha, by Imam as-Samarqandi (d. 539
AH), which is distinguished by the manner in which he mentions the
disagreements between the Imam (Abu Hanifah), the Sahiban (Imam Abu
Yusuf and Imam Muhammad) and (Imam) Zufar, and states the views of
(Imam) Malik and (Imam) ash-Shafi‘l, may Allah have mercy on them, in
addition to paying special attention to rational and transmitted evidences. Of
them there is also the book Bidayat al-Mubtadi, by Imam al-Marghinani, as
well as others.

The learned and intellectual brother, the sagacious and distinguished
Shaykh, the beloved teacher, Tahir Mahmood Kiani, may Allah protect and
preserve him, sent me a sample of his service to the Mukhtasar of Imam al-
Quduri. I studied what he sent me of ‘The Book of Partnership (Kitab ash-
Sharikah)’ closely, and I found it to be accurate to a high degree with very
succinct elucidation and a style of superior quality, which indicates maturity

of thought, brilliance of talent and moderation of intuition. I thanked Allah,
Glorified and Exalted is He, for His according success to the right
honourable, erudite, upright and intellectual Shaykh Tahir Mahmood Kiani,
may Allah the Exalted safeguard him; nothing from His treasury is
Surprising.

Shaykh Tahir (Mahmood Kiani) is one of the students of the erudite,
intellectual, learned, legal expert, Allah-fearing, exegete (of the Noble
Qur’an) and practical scholar, Leader of Islam and the Muslims (Shaykh al-
Islam wa’l-Muslimin), Shaykh Muhammad Imdad Hussain Pirzada, may
Allah increase him in (His) assistance (to him) and in provisions, and may He
let the Ummah derive benefit from his life.

In conclusion, I ask Allah to accept this work undertaken purely for His
noble sake, that He renders it of immense benefit, and that He aids our
brother Shaykh Tahir Mahmood Kiani, may Allah protect him, for the
welfare of the dunyd (world) and the din (religion), to call others to Him,
Glorified is He, (and I ask Allah) to lead him on the right way and raise him
to the lofty station in terms of knowledge, practice and invitation to the Truth
(da‘wah); certainly, He is the Guide to hitting the mark, He alone suffices us
and He is the Best Guardian; all praise is due to Allah, Lord of all the worlds.

Stated with his tongue and composed with his fingers, by the one in need
of the mercy of his Lord Who is abundantly rich beyond need, Muhammad
ibn Yahya ibn Muhammad al-Husayni an-Ninow! ash-Shafi‘l, may Allah
forgive him, his parents and the believers. 25" Dhu’l-Qa‘dah, 1430 AH after
the Migration of the Beloved Mustafa, may Allah bless him and his family
and grant him peace.

INTRODUCTION
FIQH

Meaning and Application

The term figh literally means ‘understanding’, ‘comprehension’ and
‘knowledge’, and technically refers to ‘knowledge of derivative shari‘ah
rulings along with the evidences for them with details both of the rulings and
their evidences’,! composed and codified from four recognised sources:

1. Glorious Qur’an,

2. Noble Sunnah,

3. Consensus (ijmd‘),

4. Analogy (giyads).

Where explicit evidence is not found in the Noble Qur’an, it is sought in
the Sunnah of the Messenger Muhammad #, and if not there then the
agreement of Muslims in general, and particularly the knowledgeable, known
as ijmd‘. If these three options do not bring a result, then the final recourse,
known as giyas, is the return to the Qur’an or Sunnah for a similar example
that can be applied to the new issue.

The question of how Consensus and Analogy are arrived at from the two
primary sources is elucidated in this hadith of the Generous Prophet #:

The Messenger of Allah # dispatched Mu‘adh ibn Jabal « to Yemen and
asked him how he would adjudicate to which he replied, “With the Book of
Allah.”

The Messenger of Allah # asked, “What if you do not find [the ruling]?”

He replied, “With the Sunnah of the Messenger of Allah #.”

The Messenger of Allah # then asked, “What if you do not find [the ruling
there either]?”

He replied: “I shall practise my reasoning.”

The Messenger of Allah #patted him on the chest saying: “All praise to

Allah « Who gave success to the messenger of the Messenger of Allah in
achieving what pleases the Messenger of Allah.”

Here Sayyiduna Mu‘adh ibn Jabal # mentions the Qur’an, Sunnah and his
Own reasoning as the means of adjudication, but he refrained from
mentioning ijma‘ (Consensus) because it was not required during the lifetime
of the Prophet of Allah #.

In another narrative, Sayyiduna Abdullah ibn Mas‘tid # says:

“ ,.as from today, whoever is faced with an issue, he should decide
by what is in the Book of Allah and if an affair comes to him which is
not in the Book of Allah, then he should decide by what His Prophet #
decided, and if an affair comes to him that is not in the Book of Allah
and His Prophet # did not decide on it, then he should decide by what
the Righteous decided, and if an affair comes to him that is not in the
Book of Allah and His Prophet # did not decide on it and the Righteous
did not decide on it, then he should decide using his own reasoning....”°

In this narration deducing laws from the Qur’an and Sunnah is mentioned
explicitly, as well as giyas and ijmd‘, where the Righteous refers to the
Salihun, the inheritors of, and actors upon, these two main sources. Following
the consensus of those Salihtn who are qualified to exercise ijtihad, is
essential for Muslims due to ijma‘ being the next most important source of
decision-making which carries more weight than the single judgement of
giyas. If there is consensus on any issue in Islam, then giyds is irrelevant.
There are many hadith of the Messenger of Allah # that show that the
consensus of the Ummah, i.e. as represented by the people of knowledge
capable of ijtihad, cannot be wrong.”

The Generous Qur’an tells us:

“O you who believe! Obey Allah and obey the Messenger and those in
command among you.” (4:59)°

The majority of the commentators of the Qur’an and people of knowledge
explain that in this verse obeying Allah « means obeying His commands and
prohibitions in the Qur’an, obeying the Messenger # means obeying him in
what he commanded and forbade, and obeying ‘those in command among
you’ means obeying the amirs, except if their command entails disobedience
to Allah and His Messenger #. An interpretation of many of the people of
knowledge including Imam Malik is that it means obedience to the people of

knowledge. There is no difference of opinion that we are obliged to obey the
unanimous rulings (ijmd‘) of the ‘ulama’ and fugaha’ who are qualified to
make ijtihad.®

Objectives

Figh deals with the actions of the legally responsible person (mukallaf),
being graded as definite obligations (fard), incumbent (wajib), prophetic
example (sunnah), liked (mustahabb), permissible (mubah), _ slightly
offensive (makruh tanzthi), severely offensive (makruh tahrimi) and
prohibited (haram). Figh also deals with rules surrounding actions, such as
pre-conditions (shart), prevention (mdni‘), concessions (rukhsah), endeavour
(‘azimah), as well as valid (sahth), corrupt (fasid), void (batil), discharged at
its time (ada’), delayed (qada’) and repetition (i ‘adah).

Figh defines the daily life of the mukallaf according to the command of
Allah «, and so knowledge of His commands and prohibitions is necessary —
at least in the fundamentals — and is an obligation on the mukallaf. The
presence of the Beloved Messenger # obviated the need for legal rulings, but
after his death, it required scrupulous knowledge of the Qur’an and Sunnah
which became increasingly difficult for the new generations of people
embracing the din of Islam. There was no difficulty in Madinah as the first
generations continued to observe the social pattern laid down by the
Messenger # among his Companions and the succeeding two generations, but
with the spread of Islam to new areas such as Iraq, Egypt, etc., new situations
arose that needed clear knowledge of the original sources to guide the
communities when novel incidents faced these emerging Muslim societies.
The men of knowledge of the din realised the need to maintain its integrity
and worked hard to preserve and gather the sayings and practice of the
Messenger # wherever they could find it. Responsibility devolves with each
succeeding generation to preserve our laws in word and spirit. This can only
be done by continually striving to implement, maintain and purify the
teaching that has come to us through impeccable sources.

Compilers

During the revelation of the Noble Qur’an to the Beloved Messenger %,
the Companions « memorised it and to a lesser extent transcribed it. Each
revelation contained instruction, teaching or information concerning issues

ranging from historical precedent, domestic matters, the Unity of God and
relations with those outside of Islam, among many others. This memorisation
was extensive, making the hearts and intellects of the Companions the
storehouses of this knowledge. But as they died and the Ummah grew, new
Muslims did not have the experience of the first generations and given the
depth of the Glorious Qur’an and the extent of the Noble Prophet’s # actions
and words, a need was perceived for gathering all the material together, and
during the early second Hijri century scholars emerged who began the
arduous task of compiling these divine and human events and words into
books and manuscripts. This complex and time-consuming task took these
compilers travelling thousands of miles for weeks and months on end, to
acquire sometimes only one hadith that would elaborate a particular legal
position.

Of the many scholars and legal experts that arose, the work of four
Survived and remained the most prominent and influential:

Imam Abu Hanifah: he is an-Nu‘man ibn Thabit ibn Zuta ibn

Marzuban (80 AH/699 CE — 148 AH/765 CE)

Imam Malik: He is Malik ibn Anas ibn Malik ibn ‘Amr al-Asba‘T (93

AH/711 CE — 179 AH/795 CE)

Imam ash-Shafi‘i: He is Abu Abdullah Muhammad ibn Idris ash-

Shafi‘T (150 AH/767 CE — 204 AH/820 CE)

Imam AhMAD ibn Hanbal: He is AHMAD ibn Muhammad ibn
¢ Hanbal Abu ‘abdullah ash-Shaybani (164 AH/780 — 241 AH/855 CE),

may Allah have mercy on them all.

All four Imams developed distinct methodologies of preserving the laws
from the sources available to them. Their means of analysing evidence and its
application varied, and sometimes led to differences between them. This
produced four separate courses which became known as the madhhabs or
schools, leading from, and returning to, the two great oceans of knowledge.

The general population being less qualified adhered to one school or the
other, depending on political, regional or linguistic factors. The adoption of
the Hanafi madhhab as the official methodology by some of the major
Islamic dynasties led to its dominance until the end of the Caliphates.

The most famous of Imam Abu Hanifah’s pupils are Imam Abu Yusuf,
Imam Muhammad ash-Shaybani and Imam Zufar, may Allah have mercy on

them, and their opinions and legal verdicts form the substance of Hanafi
jurisprudence.

In Hanafi and non-Hanafi texts, the term Sahiban refers to the mutual
agreement of Imam Abu Yusuf and Imam Muhammad, as opposed to the
opinion of Imam Abu Hanifah. Similarly, the term Tarafan refers to the
mutual agreement of Imam Abu Hanifah and Imam Muhammad, as opposed
to the opinion of Imam Abu Yusuf, and the term Shaykhan refers to the
mutual agreement of Imam Abu Hanifah and Imam Abt Yusuf, as opposed to
the opinion of Imam Muhammad. The opinions of Imam Zufar are seldom
quoted without the mention of his name individually. May Allah have mercy
on all of them. This indicates the difference of opinion that has always
existed among the scholars of Islam.

THE MUKHTASAR AL -QUDURI

About the Author

The author of Mukhtasar al-Qudiri,’ the Hanafi Jurist, Shaykh Abi’!-
Husayn AhMAD ibn Muhammad ibn AhMAD ibn Ja‘far ibn Hamdan al-
Quduri al-Baghdadi, was born in Baghdad in 362 AH/973 CE and died on
Sunday, 5" Rajab, 428 AH/1037 CE aged 66.° known as ‘Abia’l-Husayn’, his
first name was AhMAD and his father’s name was Muhammad. He is
generally referred to as al-Quduri, an ascription derived either from the
selling of pots,’ or to his hometown, called Qudirah. Upon his death, he was
buried in his own house, but was later buried next to the grave of the Hanafi
jurist, Abu Bakr al-Khwarizmi.

His academic knowledge and figh trace back to the Prophet of Allah,
Muhammad #, through this line of teachers:

1. The Prophet Muhammad #,

‘Abdullah ibn Mas‘td,
Algamah ibn Qays,
Ibrahim an-Nakha‘1,
Hammad ibn Abu Sulayman,
Abt Hanifah an-Nu‘man ibn Thabit,
Muhammad ibn al-Hasan ash-Shaybani,
Musa ibn Nasr ar-Razi,

SS eS eS I

9. ‘Alt ad-Daqqagq,

10. Abu Sa‘id al-Barda‘t,

11. Abu’l-Hasan ‘Ubaydullah al-Karkhi,

12. Abu Bakr Ahmad al-Jassas,

13. Abu ‘Abdullah Muhammad ibn Yahya ibn Mahdi al-Jurjant.

Imam al-Qudiuri was in the fifth of seven grades of distinguished jurists in
the Hanafi madhhab, which is known as the ashdab at-tarjih,'° indicating his
authority amongst legal scholars and jurists. His academic prominence and
proficiency in legal matters established him as the supreme representative of
Hanafi scholarship and law in Iraq.

In terms of hadith narration, he has been referred to as one who is truthful
(saduq) by many prominent scholars, including Abu’l-‘Abbas Shamsuddin
Ahmad ibn Abt Bakr ibn Khallikan, al-Hafz Abw’l-Fida ‘Imaduddin Isma‘1l
ibn ‘Umar ibn Kathir, Ibn Taghari al-Bardi, Abu’!-Farj ‘Abdurrahman ibn
‘All (a.k.a. Ibn al-Jawzi), Abu’! Hasanat ‘Abdulhayy ibn Muhammad
‘Abdulhalim Lakhnawi and ‘Abdulkarim ibn Muhammad as-Sam ‘anil.

Abu Bakr al-Khatib al-Baghdadi, the author of The History of Baghdad
(Tarikh Baghdad), cites the authority of Imam al-Quduri for prophetic
narrations he learnt from him.

He authored:

At-Tajrid — in seven volumes, discussing the issues of contention
between Hanafi and Shafi‘T scholars.

¢ Kitab at-Taqrib — compilation of issues with their evidences.

Sharh Mukhtasar al-Karkhi — commentary on the compendium by
Imam al-karkh1.

Sharh Adab al-Qadi — commentary on the book on the Islamic legal
system, by Imam Ahmad Abu Bakr al-Khassaf.

Mukhtasar al-Quduri — the compendium of figh based on Hanafi
principles of jurisprudence and legal methodology, also known as al-
Kitab, which bears his name.

About the Book

The term Mukhtasar denotes anything of a summary or abridged nature
and many of these précis works appeared in the early stages aimed at guiding
the mukallaf in his daily routine without regard for citing the sources. Though

the Mukhtasars do not cover every aspect of daily life, they do reflect what
the authors considered essential. For example, in al-Jami‘ as-Saghir, Imam
Muhammad ash-Shaybani (132 AH — 189 AH), may Allah have mercy on
him, did not describe ablution (wudu’) or prayer (salah), but rather, focused
on matters such as the violations of commands. These summaries extracted
from the denser and more comprehensive works of Islamic law more
common issues arising among the people in order to address them promptly
and precisely.

In the Hanafi madhhab, the first to use the term Mukhtasar was Imam
Ahmad at-Tahawi (228 AH — 323 AH), for his book known as Mukhtasar at-
Tahawi . Other Mukhtasar style works in the Hanafi School of legal
interpretation include:

¢ Al-Jami‘ as-Saghir (Imam Muhammad ash-Shaybani, d. 189 AH)

¢ Al-Kafi (Hakim ash-Shahid al-Marwazi, d. 334 AH)

¢ Mukhtasar al-Karkhi (Imam al-Karkhi, d. 340 AH)

¢ Mukhtasar al-Jassds (Imam al-Jassas, d. 370 AH)

¢ Bidayat al-Mubtadi (Imam Burhanuddin al-Marghinani, d. 593 AH)

¢ Majma‘ al-Bahrayn (Imam as-Sa‘ati, d. 694 AH)

¢ Kanz ad-Daqa’ig (Imam an-Nasafi, d. 710 AH)

All of the above are Mukhtasars although some are not titled as such.

Amongst the Mukhtasars, the one authored by al-Quduri is prominent and
it is historically the most popular and important text in the entire literature of
Hanafi figh. This is a tall claim to make, but a just one. All other later books
of Hanafi figh are either based on this book, or revolve around it in one way
or another.

There are three main types of relationship in Islamic law, which are those
between:

1. The individual and the Creator,

2. The individual and the government,

3. The government and other states.

This book covers all three; personal affairs, public matters, worship,
business transactions, warfare, judicial cases, politics, matrimony and legal

qualification, addressing approximately 12,500 issues.

The Mukhtasar al-Qudurt has been taught for centuries in religious
schools across the Muslim world as one of the foundational manuals of study
in Hanafi dominated areas and continues to be a source of fundamental
knowledge. It has remained a classic in figh in general, and in Hanafi figh in
particular, for nearly a thousand years. It has been commented upon by
‘Abdulghani al-Ghunaymi al-Maydani (d. 1298 AH), in his book known as
al-Lubab fi Sharh al-Kitab, by Abu Bakr ibn ‘Ali al-Haddadi (d. 1397 AH),
in al-Jawharat an-Nayrah, as well as Burhanuddin al-Farghani al-
Marghinant, in al-Hidayah.

Imam al-Qudiurl, it is reported, took this book with him to the Ka‘bah and
attached it to its cloth hanging, beseeching Allah to bless it. His prayer, the
narration says, was accepted.

This book does not provide evidence for the verdicts contained in it, as
with most Mukhtasars, as those proofs can be found in more detailed works
and commentaries. The raison d’étre of the Mukhtasar is to provide a basic
manual of belief and behaviour with a dichotomous stating of the dos and
don’ts to enable the general populace to grasp the essentials of the din in a
simple form that is easy to remember.

Although the Mukhtasar was designed for its readers to extract relevant
material, it can become complicated when seemingly conflicting phrases or
vague directives are encountered and the need for a guide to explain these
anomalies is still required.

Over the centuries few books could compete or even co-exist with the
Mukhtasar in success and dominance but in modern times the introduction of
more up-to-date authorship in Hanafi figh, being relatively easier to read and
providing legal references has caused the Mukhtasar to be overshadowed to
some extent and these works have undermined its supremacy. Sadly it is not
surprising to find among modern-day ‘scholars’ those who have never come
across the Mukhtasar al-Qudur1.

All is not lost however, as in the Indo-Pakistan subcontinent it is the most
revered text after the Sahihayn of al-Bukharl and Muslim. Madrasahs
continue to teach it at foundational level, followed by the more detailed al-
Hidayah and Kanz ad-Daqda’iq, etc. The continued dominance of the
Mukhtasar in Hanafi-populated areas has contributed not only to its survival,

but also its promulgation around the world where Hanafis migrated to, such
as South Africa, the USA and the UK. Madrasahs established by the Indian
and Pakistani migrant communities provide religious and Islamic legal
information to expatriates as well as locals, and today (2010), there are many
institutions based upon the Hanafi method of jurisprudence in non-Muslim
countries. They all teach Islamic law based upon the Mukhtasar al-Quduri,
be it directly from the Mukhtasar or from texts authored later. As far as
dedicated Islamic schools, like Dar al-‘Ulum Muhammadiyyah Ghawthiyyah,
in Bhera, Pakistan, or Jami‘a al-Karam, in Retford, Nottinghamshire, UK, are
concerned, the Mukhtasar al-Qudurt, is taught as a core subject at foundation
level.

The Translation

A number of versions of the text of the Mukhtasar al-Quduri are available
today with only minor additions, omissions, textual displacement, and
Variance in grammatical structure and gender. I have based my text and
translation on the version that is published by Qadimi Kutub Khanah,
Karachi, Pakistan, due to its popularity. I have not confined myself to that
version absolutely, but have diverged from some words and phrases in the
text, such as grammatical gender issues (where I opted in favour of, or
distinct from, the Arabic text). I have borrowed text from other versions of
the Mukhtasar that I thought more apt. I inserted my own subheadings where
I considered appropriate in order to make the book more usable by modern
readers. As far as research and prudence have guided me, I have tried to
provide an accurate interpretation of the text, which is not necessarily
textually precise according to the original Mukhtasar, as utmost precision is
impossible — as is evident from the disparity of the various existing versions.
Where ambiguities, complexities and intricacies lay in the translation of the
Mukhtasar, I strove to maintain as pure a translation from the Arabic text as
possible. I felt the necessity for further explanation in order to clarify points
to the reader, so I added footnotes according to my understanding. The extra-
textual content, which refers to implied meanings and not what is written in
the original, is authentic as far as my understanding of the fundamentals of
figh is concerned, and the reader should not discard any version of the
Mukhtasar as inauthentic because of this, but accept all versions as true in
their meanings.

The text of the Mukhtasar is not written in a fluent paraphrased style, but
is staggered from one hukm (legal command) to another. Frequently, and
quite noticeably, Imam al-Quduri will switch from a ‘command to do’ to a
‘command to refrain from doing’, and then return to the former immediately
or at a later stage in the chapter. In a moder context, this may seem a little
odd and a little confusing to some, but the nature of the Mukhtasar reflects
the demands of those times as well as the manner in which the author
produced his content. We have to respect this and accept it as far as
maintenance of the original remains a priority. While translating it into
English, I found it impossible to paraphrase in order to render a flowing piece
as I consider this is only possible if one is willing to alter the sequence of
Imam al-Quduri’s authorship which I was not, as I believe Imam al-Qudiri’s
unstructured content should remain as it is, unless it be written as a fresh figh
manual based on the Mukhtasar.

There is no such thing as ‘the perfect translation’ as nothing can be
rendered from one language to another exactly. All translations are
interpretations reflecting the intention of the original work and are heavily
influenced by the understanding of the interpreter. My own case is the same.
My rendition aims to provide the understanding of Imam al-Quduri’s
Mukhtasar according to what he intended by it, but it may also reflect my
Own understanding, either intentionally or otherwise. This is the main reason
why I have striven to maintain purity in translation rather than follow a
contemporary pattern — in order to present the work of the author and not
mine.

As far as I have attempted to interpret the knowledge of divine wisdom
into the English language, as transmitted to us by Imam al-Quduri, may Allah
have mercy on him, this translation is not absolute, and inconsistencies are
inevitable and it would please me if readers would point out any errors of
whatever nature. If my rendition is flawed and contains mistakes, they are
entirely mine, and no-one is to blame but myself, but if I have translated with
accuracy and precision, then praise belongs to Allah ss, Who is Complete and
Perfect in every way; Who grants perfection; Who is sheer perfection.

I do not believe myself qualified to undertake such a crucial and sensitive
task as translating the Mukhtasar al-Qudurt. I did so at the insistence of some

of my students of figh who encouraged me. Throughout the task, I seldom
forgot my spiritual guide, Commentator of the Noble Qur’an, Religious
Thinker of the Twentieth Century and Luminary of the Ummah, Justice
Shaykh Abu’l-Hasanat Muhammad Karam Shah, may Allah have mercy on
him, who took up the task of teaching others to teach, and transmitting divine
wisdom to generations after him. This prophetic practice now continues with
his noble son, Shaykh Muhammad Amin al-Hasanat al-Qurashi, whose
service to Islam and the Muslims of Pakistan can only be rewarded by Allah
#. [ am greatly inspired by my teacher and mentor, Shaykh Muhammad
Imdad Hussain Pirzada, principal of Jami‘a al-Karam, UK, whose relentless
efforts in upholding the truth and disseminating the fragrance of Islam stand
prominent in the history of the UK. I thank all my teachers, especially
Mawlana Abu’!l-In‘am Muhammad ‘Abdulbari Chishti, whose love for the
Beloved knows no bounds, in taking me by the hand and leading me on the
Straight Path at an early age. I consider myself indebted to Professor ‘Imran
Ahsan Khan Nyazee, translator of al-Hidadyah and Bidayat al-Mujtahid, etc.
Who has been a figure of inspiration to me ever since I studied my first
subject under him in the Faculty of Shari‘ah and Law at the International
Islamic University, Islamabad, Pakistan.

My gratitude would be incomplete if I do not extend it to those
responsible in assisting this project, namely, Dr. Abia Afsar-Siddiqui, who
helped in the publication and distribution of this work, and Hajj ‘Abdassamad
Clarke, who edited this publication and supported me with his invaluable
suggestions.

I thank my wife who tolerated my endless hours spent inside books and at
the computer and for her encouragement towards its completion; may Allah %
bless her. May He # bless my brothers — Sajid, Ansar and Azhar — with the
true wisdom and observance of Islam. May He # bestow upon my children —
Zayn, Qudsia and Mahdia — true understanding and adherence to Islamic
beliefs and teachings, and cause them not to stray from the Straight Path.
Finally, I beseech Allah % to bless my late father, Haji Muhammad Taj ‘Ali
Kiani (d. 19% April, 1995 CE/ 20" Dhu’l-Qa‘dah, 1415 AH), who led me to
school and to the masjid at an early age, which proved pivotal in my present
life. Sadly, my beloved and saintly mother, whose prayers in my favour
proved more effective than my own endeavours, passed away just before the

publication of this book, in the luminous month of the Prophet’s # birth, on
18" Rabi‘ al-Awwal, 1431 AH/4" March, 2010 CE, may Allah have mercy
on her, having attended many a Mawlid gathering in her last few days. May
Allah s¢ bless them both with forgiveness of all major and minor sins and the
best of abodes in the akhirah.

. 4 Ss. muy ety ea pee fe
pe SEG LS Lgl 5 89

“My Lord! bestow on them Your mercy just as they cherished me in
childhood.” (17:24)

I dedicate this translation to them both; may Allah * accept it from me on
their behalf. Amin.

We thank Allah for the fact that this translation was completed almost
1000 years to the day after the death of Imam al-Qudurl, may Allah have
mercy on him, on 5" Rajab, 428 AH. The translation was completed in
Rajab, 1428 AH (July 2007).

Finally, for his # favours to humanity in particular, and to the entire
creation in general, I express profound gratitude and invoke endless
Salutations and blessings upon the Final Messenger of Allah, Muhammad al-
Mustafa #, for ever and ever.

Tahir Mahmood Kiani

Sigh) OS
TAHARAH — PURIFICATION

: ds alll J

Ka 5 ill 3 Shad dl GA 13 i gal Sail ial
3 Sissi Kush fgets se Si J ails
6935)

Allah, exalted is He, said:

“You who have iman! when you get up to do salah,
wash your faces and your hands [and your arms] to
the elbows, and wipe over your heads, and [wash]
your feet to the ankles.”

(Al-Ma’idah 5:6)
WUDU’ — MINOR RITUAL PURIFICATION

OLRM g oI cemey BUS! Lacy! Jak : Ubi (288
2 IE SIA Whe ve Loa) (23 3 EW Sa!
BP 9 Apel) jake Hl SI cme S29 ily Lbs alll gery
whey he Al bee gl SI Aad oy pall so HLS ws
Andee g dyell Se canes Legis Jl o 38 able SI

The Obligations (Farda’id) of Wudu’

Hence, the obligations of Purification are washing the three limbs,! and
wiping (mash) the head.

The elbows and the ankles are comprised in the obligation of washing,
according to our three ‘ulama’,* contrary to [the opinion] of Zufar, may Allah
have mercy upon them.

The prescribed obligation in wiping the head is the extent of the forelock
[and that is a quarter of the head] according to what al-Mughirah ibn Shu‘bah
reported, that the Prophet # arrived at the camp of a tribe and he passed
water. He then performed wudi’ and wiped over the forelock and his khuffs°
(Muslim, an-Nasa’1, Ahmad, Abu Dawud and others).

Tab ra\ WS LY LB ol LSU God Jab: Syl ying

SN gudlg coger gl elaal § DLS aul droudy dogs ye cogil

ales dad LAs STI cuney GUL y deals
EN J usd) 1 Sp

The Sunnahs of Purification [sought in Wudu’|

= Se Ste aS SS

Washing both hands thrice before entering them into the pot [of water]
when the person performing wudu’ wakes from sleep,

Mentioning the name of Allah x at the commencement of wudu’,
Using the toothstick,

Rinsing the mouth (madmadah),

Rinsing the nose (istinshaq),

Wiping both ears,

Combing the beard [with wet fingers],

Combing the fingers [of each hand with wet fingers of the opposite
hand],

Repetition of the washing up to three times.

coodl; del) os gies 9 By ebell 6 5% OI tt gua) rr 9
Melly golds oS Lhs abl by ke tad ey2g) any

ADSI Cees

Matters that are Recommended (Mustahabbat) in

Wudw’

It is recommended for the person making wudu’ that:

a SS

He intends Purification,
He covers [the entire] head with wiping,

He performs wudu’ in order and commences with what Allah
mentions first,

[He commences] with the right [limbs first],
|He does the acts] in succession, and
He wipes the [nape of the] neck.

ele hull ye Gd ke JS : egal 428) GEL,
Adak, aege 3} 59k O4S! Ge 7 > |3] treally ely
Wie gl Lemdawae o silly gil Me IS 15) e Bly pgladll SS
CLEVL asl Jo Alay are btu) bo jl J epod Mlaine ol
Spreng & 9S) DIS Bde JS Bb Aga) O git

That which Nullifies Wuda’

1.
Z.
3.

All that exits from the two passages,”

Blood, pus and serum — [such that] when they exit from the body they
flow to a place that is subject to the rule of Purification,

Vomit, when it is a mouthful,°

Sleep, when the person is lying down, reclining, or leaning on

. something such that if it was removed he would fall over because of

it,

. The intellect being overcome by fainting or insanity, and

Laughter in every prayer that consists of bowing (ruku‘) and

’ prostration (sujud).

GHUSL —- MAJOR RITUAL PURIFICATION

OAS) Sle Jute Slaw ls dvracall: lusll 2559

The Obligations of Ghusl
1. Rinsing the mouth,
2. Rinsing the nose, and
3. Washing the entire body.

duclend| Jo 5 game arty feats Juctalliy SI: aad! dieey
vAgky 5 Adley V1 BDA ve poy Loge gb ain de CIT 4
OIA NS OF eet o bb Ady ilu Jeg auly be oil
13] Jail 3 La Sad 285 OI BL LI be Gade ele Jura
gad Sigel el ae

The Sunnahs of Ghusl

The sunnahs of ghus! are that:

The person performing the ghus! commences by washing both his
hands, and

2. His genitalia,
He removes the physical impurity (najdsah) if there is any upon his
body,

Then he performs wudu’ as he would perform wudu’ for the prayer,
except [the washing of] his feet,

5. He pours water over his head and [over] his entire body, thrice,

He moves away from that place [where he performs the ghus!] and
washes his feet,

It is not [incumbent] on women to undo their plaits in ghus! if the
water [easily] reaches the roots of the hair.

Bg ty Gal deny fe gM Spi] Juasld Ae gh GULL,
pds adls SIL ge Gull ladly al tly Jo

The Factors which make Ghus! Obligatory

The ejaculatory discharge of spermatic fluid with passion by the man
" and the woman,

2. The meeting of both the external genitals [in sexual intercourse]
Leven] without ejaculation,

3. Menstruation (hayd), and
4. Postnatal bleeding (nifas).

Cote y dasedd Jenall pling adhe alll She al Spey Sees
ell Legg Sant Sorsdla CIN S pale 4d, 69 ol ols

When Ghusl is Sunnah

The Messenger of Allah # set ghusl as a sunnah for:

1. The Friday prayer,

2. The two ‘Ids,

3. Ihram (entering upon hajj or ‘umrah), and

4. [Staying at] ‘Arafah.

There is no ghus! [obligatory] in [the cases of] madhy (pre-seminal or pre-

ejaculatory fluid) and wadr (post-urinal fluid), but wudu’ is [required] for
them.

Sgdly 2g clad cle dz5le GIN so SLI
jet eles gbNile

Water
Purification from hadath (ritual impurity) is valid with water from:
1. The sky,°
River valleys,’
Springs,
Wells, and
Seawater.

oe Te

HE cle Vy poly pel ge patel els HUI) 94 Vo
leg Sly IEly & AY cll ab ge ae SU ot ale
ez elegy >) 9)! cleg eMalsl

Purification is not permitted with water that has been squeezed out from
trees (i.e. sap) or fruits’ (e.g. fruit juice etc.), nor with water in which
something alien is dominant and which has changed it from the natural state
of water, like beverages, vinegar, broth, legume soup, rosewater and carrot
juice.

ale. arlosl wey ye yale aon ab) \> els oye jg
Lae Mod gbeallg GLEN a Lek ol ell, wh

Purification is permitted with water in which something pure is mixed and
[which] has changed [only] one of its properties, like floodwater and water in
which saltwort, soap and saffron are mixed.

WMS 4 egos) GA J duled ab curds 13] allo cle [Sy
Ad Ghatis Vy Shall lll 3 oS Ae Soe VS SUS auledl
@ ALAN ys

When physical impurity falls into any [type of] still water, wudu’ is not
permitted with it, be [that water] less or more [in quantity], because the
Prophet # has instructed [us] to protect water from impurity, for he said:

“None of you should ever urinate in standing water, and neither should he
bathe in it for [the removal of] janabah (major ritual impurity).”

(Al-Bukhari, Ibn Majah, Abu Dawud)

WB dalic 32 Stel Sei n| \3\ & s euSl g 5 Ual| Ade SB,
Sk gal sys Ye BSE pluses o> eb Bove Canad

& os
"h -

He # [also] said:

“Whenever any of you wakes from his sleep, he must not dip his hand into
the pot [of water] until he has washed it? three times, for he does not know
where his hand spent the night.”

(Muslim, Abu Dawud, an-Nasa’I, Ibn Majah, Ahmad, ad-Daraqutni)

ANS) Aree geal ile Aled ad cinds 13) cL ELI Ll,

With regards to running water, when physical impurity falls into it, [the
performance of] wudu’ is permitted with it, [provided] any effect of it is not
noticeable, because [physical impurity] does not settle with the flowing of
water.

Bb ob aw ad b tol dow Y gil ad padly
CSL ys egedgll fle Lubes ashe sol g cody 131 SI
ad) \yas Y aula! Gl pallall oY SV
When physical impurity falls into either of the two sides of a large pond,
in which one of the two sides does not move when one causes motion on the

other side, then wudu’ is permitted at the other side, because it is evident that
the physical impurity has not reached it.

LM y gdIF Ul ue SY Ul SAL aia pad lociges
he udlS lA en YU 3 ue, le 949 laa 9 pbls
OMe pal le & Maa)! 9
The death in water of that which does not have blood flowing in it, like
bugs, flies, wasps and scorpions, does not spoil!® the water nor does the death

in water of that which lives in water, like fish, frogs and crabs, spoil the
water.

Used Water

porteblel gctlro Sa kb dallacel j AY portblellls
dy Blamy be Sadi b Jost hove arb jlele JS:

The use of previously used water is not permitted for Purification from
ritual impurities.

Previously used water is all water with which a ritual impurity has been
removed, or that has been used on the body for the purpose of [seeking]
nearness [to Allah].

On Tanning

Ys egdally ab Bhalla ge AB gas Gilal JS;
ely yp pl >

Every hide becomes pure when it is tanned; prayer is permitted on it, and
[the performance of] Wudu’ is permitted with it, except [with] the hides of
Swine and human beings.

pall [gees g 2 ats

The hair and bones of the carcass are pure.

On Wells

Bb W paledler BIS gre pdules AM ondy lil »
Le pilele slacal gu slagare sléy gear slob dose shld

When a physical impurity falls into a well, it is taken out, and purification
[of the well is achieved by] draining whatever water is in it.

If a mouse, sparrow, wagtail, king crow or gecko dies in [the well],
between twenty to thirty buckets are emptied out from it, depending on the
largeness or smallness of the bucket."

On be Mgr 7B ag gl deleo gl dale yd COL O} 5
£53 gel gh BLE gh IS Lyd be Oh 9 rene Sg) Quel
HU ye Ge b ae

If a pigeon, chicken or cat dies in it, between forty to fifty buckets are
emptied out from it.

If a dog, goat or human being dies in it, all of the water that is in [the well]
is drained.

ON 9B p50 lend le a CB Fen gl Led Ol gd CHI OL y
oS 3\

If the animal has become bloated in it, or has putrefied, everything in [the
well] is drained, [irrespective of whether] the animal is small or large.

ONS GIALS 8 LW fosrud) dau Sl IL pia eYull seg

The number of buckets is reckoned according to the medium-sized bucket
used for wells in the lands. If [the water is] emptied out with a bucket of large
volume which is more capacious than the medium-sized bucket, it is
calculated according to that.

loth led be eB ces ace Yk WOW ols
aS) MLS ah ary Ged tp dot eg coll ye gd Le lds

If the well is spring-fed, and is not drainable, and it is obligatory to drain
whatever is in it, they take out the equivalent of whatever water is in it. It has
been reported by Muhammad ibn al-Hasan, may Allah have mercy on him,
that he said, “Between two hundred to three hundred buckets are emptied out
of it.”

Ag cay oe Og yt Vo Lage ol days 3,18 ANB soy 131 s
Wie gtagd LAS Ua] Aly pgp BDL Lyalel Geaish py pes

If a dead mouse or something else is found in the well, and they do not
know when it fell in, and it has not become bloated nor has it putrefied, then
they are to repeat the prayers of a day and a night if they had performed
Wudu’ from it, and they are to wash everything that its water had come in
contact with.

3 edly ell B6 ddbe Iyolel osu gl Sas! Oly
AN gay datg Lawes gil JBy MLS all aay dave Gl S68

If it had become bloated or had putrefied, then they are to repeat the
prayers of three days and nights, according to a saying of Abu Hanifah, may
Allah have mercy on him. Abii Yisuf and Muhammad,'* may Allah have
mercy on them, said that they do not have to repeat them until they ascertain
when it fell in.

Leftover Water

yp phy ASI 43 < pall Aes SS log ol 99
Gleng BEM Solely BAI yg 9 ped Shell plies
09 Ko dll g ALI [be od & Kis log) gulell

Water leftover (su’r) by a human being and by [an animal] the meat of
which is [legally] eaten,'’ are both pure.

Water leftover by dogs, pigs and predatory animals is impure (ngjis).

Water leftover by cats, stray chickens, birds of prey and of those creatures

which inhabit houses, for example snakes and mice, is [all] disapproved
(makruh).

ay Log ond GLI At J OA Side Nady ULI guy
jl Nok » wey

Water leftover by donkeys and mules is doubtful. Therefore, if any person

does not find anything other than this [type of water], he performs wudu’
with it and [also] performs tayammum (dry ablution), and it is valid for him
to commence with either of the two.'*

wedi ob

TAYAMMUM — DRY ABLUTION

Stipulations for the Validity of Tayammum

Al eg aig g pall cy sl Slane gay clas J yey
CN BIS eas pe NY LM st IT gl ATT ol LM gos
aleas WML juctl g) odt ald ol aoe antl ell Jaan

wall pox Sad s glo

1. Someone who does not find water while travelling, or

While outside the city, and there is approximately a mile or more

between him and water, or

Someone who does find water but is ill and is afraid that, if he uses

the water, his illness will be aggravated, or

Someone who is junub (major ritually impure in need of ghusl) who

A. fears that if he bathes with water, the cold will kill him or make him
ill, then:

He performs tayammum with clean earth (sa ‘Td). (Al-Ma’idah 5:6)

The Method of Tayammum

Sy BAL: Age ALE pat ke pe pel
egw Cdl 9 ULF 8 paclly rid ll

Tayammum is [performed by] two strokes [on the sa ‘id]:
1. With one of which one wipes the face, and
2. With the other [he wipes] his two hands [and arms] up to the elbows.

Tayammum is the same in [the cases of] janabah and hadath.'°

Ls SR; GUS Al gery et 9 dase Ul Le oll j gts

by Sle atts tle edly IWS Gayl ne OF

VI 594 Vs SWS abl dey args gol By ed By Jog
dls Ja Sly OSL

According to Abii Hanifah and Muhammad,!° may Allah have mercy on
them, tayammum is valid with everything which is of the genus of earth, like
soil, sand, stones, gypsum, lime, kohl and arsenic.

Abu Yusuf, may Allah have mercy on him, said, “It is only valid with soil
or sand in particular.”

e923 Barca 9 eal 8 23 Aly

The intention is an obligation (fard) in tayammum, and recommended for
wuduw’.

That which Nullifies Tayammum

4 9) Lc Ans Qo 9 Ct G42 gh tis an is eo! a A 9
lb re Y! pes 594 Vy cyto! Le p43 15) Ul

Everything that nullifies wuda’ nullifies tayammum."’

Sighting water also nullifies it, when one is able to use it.'®
Tayammunmi is only valid with pure clean earth.

The Search for Water

3 9) oF) 3B o4t Ol sep gay eX SAY oh ote 9
Sig deg log lives Shedd STM sal 2% ol
Sl Sly Nall ye elt Ls deny bee 9 ceed

Someone who does not find water but does hope to find it during the last
time [of the prayer] is recommended to delay the prayer up until the end of its

time. Then, if he finds water, he performs wudu’ and prays, otherwise he
performs tayammum [and prays].

Whilst in tayammum, one performs whatever obligatory and
Supererogatory prayers one wants.

one J Sls Oji> Spam Is| esi Teel) oes j9F3

was Ol ald HLL Be aig SI HUIL art! 4] GE2
Ol lL Jars Of GES roll pa ye WISy Ler »
Ayal! 5 gas

Tayammum is valid for someone in good health who is resident, [in the
case] when a funeral is present and the wali (heir) is someone other than
himself, and he fears that he will miss the funeral prayer if he becomes
occupied with purification [with water i.e. wudu’ or ghusl], then he performs
tayammum and prays. It is similar for someone who is present at ‘Id prayer
and fears that he will miss the ‘Id [prayer] if he becomes occupied with
purification [with water].

dad 45585 SIL Jrrtl bl dacdl gd ye GE Oly
13) UIST le gl gl) be Vly ladle dak! Jol ob Legs
Lage Sy pay J SSI OU Log | oss Cag! Ge

A518 bas 9

However, if someone is present at the Jumu‘ah and fears that if he
occupies himself with purification [with water], he will miss the Jumu‘ah,
[nevertheless] he performs wudu’; then if he catches the Jumu‘ah, he prays it,
but otherwise he prays zuhr as four [rak‘ahs]. Likewise, if the time becomes
tight and he fears that he will miss the time [of that specific prayer] if he
performs wudu’, [then] he does not perform tayammum but performs wuduw’
and prays his missed prayer.

3 Wl D3 we hes wad aley B ell 55 15) SLM;
ALS all Lgry sats dine Ul us de sy J cSdll

If a traveller forgets [that he had] water during his journey and performs
tayammum and prays, and then remembers the water still within the time [of
that prayer], he does not repeat his prayer [with wudu’], according to Abu
Hanifah and Muhammad, may Allah have mercy on them. Abu Yusuf, may
Allah have mercy on him, said that he repeats [the prayer].

ei dle 5 ohana ON Je ali, 15) wasell Je ral
Albay > oss Sid 54 dele dlia Shab fe leo) s
It is not incumbent on someone who is performing tayammum [as a
traveller] to search for water if he is not inclined to believe that there is water
nearby, but if he is inclined to believe that there is water [nearby] then he is
not permitted to perform tayammum until he has searched for it.
wed Ae date SB gags Sl Jb are al cle addy a2 OIF Ol 5
H9

If his companion has some water with him, one asks him for it before
performing tayammum; then if he refuses it, one performs tayammum and

prays.
cnah| Me rod ob
MASH — WIPING OVER KHUFFS

Its Ruling

Shee gal age tite JS edith Sle adh be cull
Adds Lege cane Lede SIS GB Stel babe Le Gud! yd
Ledls ell B35 pane | Sliae SIS Sl s
Wiping over khuffs is valid, by the sunnah, from every ritual impurity that
necessitates wudu’, when one dons khuffs while [ritually] pure, and thereafter
becomes ritually impure. If one is resident, he wipes [over his khuffs] for [a

maximum of] a day and a night,’” and if he is travelling, then he wipes [over
his khuffs] for [a maximum of] three days and nights.

id) ude legals

Commencement [of wiping] follows the occurrence of ritual impurity.

Method of Wiping

oO 1 aledl lb kes L® all Js pa | de ‘on
gel ee gel SMG lade US 2559 SLI MI we
JJ |

Wiping over the khuffs is made upon their outer [part], in lines [drawn]

with fingers. One begins from the toes towards the shin. The obligation~? in
that [wiping] is the extent of three fingers from the fingers of the hand.

SOE a8 are es WS GF 4B Ee Se ll 554 Ys
Sle DS 30 JOS Sly Jeu! abel

Wiping is not valid over a khuff in which there is a tear through which the
extent of three toes are exposed, but if it is less than that, then it is valid.

Jel) he rong oh atl Se redl 594 Vy

Wiping over khujffs is not permitted for someone for whom ghusl is

obligatory.
That which Nullifies Wiping

i ¢ 3 Lal ada s cegegll ain L rank! ake 9
eed GAAS

Whatever nullifies wudu’ nullifies wiping. The removal of the khuff also
nullifies it, and so does the expiry of the period [of wiping].

Issues Pertaining to the Duration of Wiping

Bole adhe ads beg agley Junby ate & dal) ae |3ls

Addy ogg CLE JS BLAS aks gag reall Lisl jap copes) ad
A o _polics 323 ‘om eee) Lr KJ, el! 42555 ek co
SBN IT OL g Add gS aaj) AST sl Ady Lege came IT OV
Ah cane EN B98 Bg292 | md (p29 Aly e.g Came of ais

When the period [of wiping] elapses, he removes both of his khuffs,
washes both of his feet and [then he is permitted to] pray. The repetition of
the rest of the wudu’ is not incumbent on him.

Whoever begins wiping [over khuffs] while resident, then travels before
completion of one day and one night, performs the wiping for the complete
three days and nights.7!

Whoever begins wiping [over khuffs] while travelling, then takes up
residence:

If he has performed wiping for one day and one night or more, the
* removal of his khuffs is incumbent on him,
But if the wiping had been done for less than [a day and a night], then
’ he may complete the wiping for a day and a night.
Whoever wears an overshoe (jarmuq) over the khuff [may] wipe over it.

That over which Wiping is not Valid

coplaie 3} Ale GS OIY! erst de cull 194 Ve
jot Vo Qlads Y Gusd LIS 13! 5 gt SS Ul Ley VE,
BE 5389 cp slisly ylly Spunilily doled! de roll
Bey KE oe Shade OV egg ne de vt Oly Slt
Jey ep oF Shed 9 peek! len

Wiping over socks is not valid, unless they are made of leather or they are
soled. The two of them,** may Allah have mercy on them, said that it is valid
[to wipe over socks] when they are thick and do not absorb water.

It is not valid to wipe over a turban, a cap, a veil or gloves.

It is permitted [to wipe] over splints,~? even though they were fastened
without [prior] wudu’. If they fall off without [the wound] healing, the wiping
does not become void, but if they fall off after healing, [the wiping] becomes
void.

ati ol
HAYD —-MENSES

The Duration of Menstruation

ee ad US ye GAB ley cledlly el BU Yad Jl
Andlocel 54d CUS Je lj leg ell onde ofS ly aclu! gay

The minimum [duration] of menstruation (hayd) is three days and
nights,-* so whatever is less than that is not menses, but chronic menstrual
bleeding (istihadah).

Its maximum [duration] is ten days, so whatever exceeds that is [also]
istihadah.

Colour

9? LAH Al! By dyads Bod ys A Ll ol 5 ky
Lde oll 6 3 2 24>

During the days of menstruation, whatever the woman sees of redness,
yellowness and darkness [of discharge], is menses. [The menstruation
continues] until she sees proper whiteness.

On its Legal Ruling

29 a pall Lele 0H 9 Ball SEI yc ede ade

Menstruation absolves the menstruating woman of the obligation to pray
and it makes fasting haram for her. She must make up (gada’) the fast but
does not have to make up the [missed] prayer.

D9 Mo lg ys ESL Vg CaS Bhat Vy toed [RT Vy
adoual! po Stolk 5 ot Vo OLB Sel 8 Cee Vo (dL
adden oddL SI YY

She does not enter the mosque nor does she perform tawdf of the House
[of Allah] (Ka‘bah). Her husband does not approach her [for sexual
intercourse]. The recitation of the Qur’an is not permitted for the
menstruating woman nor for the junub. Touching the mushaf (Qur’an) is not
permitted for someone who is in the state of minor ritual impurity requiring
wudu’ (muhdith), unless he holds it by its wrapper.

> leks 54D ell Bb ge BY Gad! po alaail 15
aL\3 pts} geo alatil 5) 9 ALIS Sto cdg lyle pac ol Jacks
AFH Bde & esl Ge MA IS ebay ceva IS edes jle
ofS VALE Ys logy ac Lae pala $3 ys Ll wi 948

When the menstruation ceases in less than ten days, sexual intercourse is

not permitted with her until she takes a bath, or when the time of a complete
prayer has passed by her. But if the bleeding ceases in ten days, sexual
intercourse is permitted with her before [she does] the ghusl.

When [a period of] purity (tuhr) intervenes between two [separate]
bleeding [periods] within the period of menstruation, then it is like
continuous bleeding.~°

The minimum [period of] purity is fifteen days, and there is no limit for its
maximum.

Istihadah — Chronic Menstrual Bleeding

BS gl ol 42303 UY 3 i Al ol le Sw Aya lacy | eg
pul he os

The bleeding of istihadah is what the woman sees:
1. [For] less than three days, or
2. For more than ten days.

On its Legal Ruling

« esl Yo sa Yo > ya)| y sols JI o> AaK>3

ell re mI) A29 pr0 sale o\ pall g D pcan) \ is el >) Ia\ 9

Fold as Nal Ol g Aslecul 9g3 LS Je al} ey Leole
dnalocel SU 328 IS oe ellie peed dobnw

The ruling of [istihadah] is [the same as] the ruling of nosebleed; it does
not prevent prayer, or fasting or sexual intercourse.

When the bleeding exceeds ten [days] and the woman has a known cycle
[of menstruation and purity], she refers to the days of her cycle.*° Whatever
exceeds that [cycle] is istihadah.

If [a minor] commenced her puberty in the state of istihadah, her menses
are ten days of each month and the remainder is istihadah.

Tots ell Bless SoS pele Gee A2latuh| 9

po Wd: d ghar 9 Be IS C5) Sslogs By V sil

Sia C3331 oF 1S Jel oSly 251 dl ye lel b casi G
SH | ba) + 925) Glin! pgde OSs we yoy

The woman experiencing istihadah, someone who suffers from urinary
incontinence, a continuous nosebleed or a wound that does not cease
[bleeding or discharge of other matter] all perform wudu’ for the time of
every prayer and pray with that wudu’, at that time, whatever obligatory and
Supererogatory [prayers] they wish, and when the time elapses, their wudu’
becomes void, and the renewal of the wudu’ for the next prayer is incumbent
on them.

Nifds — Postnatal Bleeding

Sal | ol Sil ells 92g) Wnt cA el 52 pels
dole! WS 9 > JS Lardy Sle Sal Mol 5 ey

Postnatal bleeding is the blood that emerges following childbirth. The
blood which the pregnant woman sees, and what a woman sees during her
delivery, before the emergence of the child, is istihadah.

QP US Je olj leg leg Ogu slop lg ue Y pled Jal

There is no definition of the minimum [period] of postnatal bleeding, but
its maximum is forty days. Whatever exceeds that is istihadah.

he ale 3\ A ode GAS A349 cna is el jal 1d\ 9
B 3S 3 dls vole all J) oy lal 3 dole by ats
Legs gary! wld dale

When the bleeding extends beyond forty [days], and this [particular]

woman has given birth before and has a [regular] cycle in postnatal bleeding,
she is to refer to the days of her [regular] cycle. If she does not have a
[regular] cycle, then her postnatal bleeding is forty days.’

eal cy a Le [gw lard crols oye 3 cpg Sse cpeg
SLs all gary Gay ly dase ll ue Jel sil Ge

BU) we)! cei dls ANI Lge) 9)9 toe Slo

Whoever gives birth to twins in one pregnancy, her postnatal bleeding is
whatever blood exits following the first child, according to Abu Hanifah and
Abu Yusuf, may Allah have mercy on them, but Muhammad and Zufar, may
Allah have mercy on them, said that [postnatal bleeding is] from the second
child.

ees ob
IMPURITIES AND THEIR CLEANSING

Ba, SAN ISA 9 42 959 teal Ga ge oly dale! gh
Ads

The purification of physical impurity from the body of the worshipper, his
clothes and the place upon which he prays is obligatory.

Le) gS palb Ske JXog Ul doles pgs 5 54s
tod ee 4 Aula as | culal \d\_9 62) gl cles Jos a
adighaljle BN aKI3

It is permitted to purify physical impurity with water and with every liquid
[with which] its removal is [practically] possible, such as vinegar and
rosewater. When physical impurity that has body, comes into contact with a
khuff [or a shoe] and dries [upon it], and then one rubs it on the ground,
prayer is permitted in it.

Ad ol jal gill de Cam 131d adey Jab OS pod ally
NS) 9 clygreent AS | duSl ol BL LI cull 15) Aled » <2) ps
Ball ojle Le Sleds eb rbd dubs 2M cobel

Lge marill 5 9 Vol l& Se

Semen is an impurity whose wetness is to be washed, but if it dries on the
garment then scraping it is sufficient for it. When physical impurity comes
into contact with a mirror or a sword, it is sufficient to wipe them both. If
physical impurity falls on the ground, dries in the sun and its traces go away,
then prayer is permitted on its location, but tayammum is not allowed from
[that place].

Heavy and Light Filth

Fly Lilally S gSly pW Aalall dulled ye avbel jes

N53 Cy) 9 Ame Od al Cope abes leo Am I slate
rs BES. pe dg ~ ( a, Lah

Prayer is permitted when heavy filth (najasah mughallazah), like blood,
urine, faeces and wine, comes into contact with someone, to the extent of the
size of a dirham or whatever is less than that. If [the heavy filth] is more [than
this amount, then] prayer is not permitted [with it].

Seal wile caad Ip be S gS deat dues anblel ls
33) ay ale se ane

If light filth (najasah mukhaffafah), like the urine of [an animal] whose
meat can [legally] be eaten, comes into contact with him, then prayer is

permitted with it as long as it does not reach [the extent of] a quarter of the
Sarment.

Visible and Invisible Filth

AS pe ped WS Labingrs delet os SMauledl puless
a) pad Lag Let] pate le Lal se de SIM Lge Sly Leigh
pb dal LW yb feos > June ILE ghd 45 2 He

Purification of physical impurity, the washing of which is obligatory, is of
two types:

Whatever has a visible substance, its cleansing is [deemed to be] the
1. removal of its substance, unless such traces remain which are difficult
to remove,

Whatever does not have a visible substance, its cleansing is that it be
washed until the one washing is inclined to believe that it is now pure.

Istinja’ — Cleansing the Excretory Passages

Jon£ Lgelic os leg yAhlo adlasig pe duel yYs

3} NF SN g peadl Ub alut a) gine dead pudgy aad tm

Vo plan oon Vy Olly Ul V1 43 54 I ee Aled
Armia Vy elale: Vy Oy

Istinja’ is sunnah.
Stones, clods and [suitable] alternatives are sufficient for it.

One rubs it until [the area] is clean, and there is no prescribed number [of
stones or rubbings] for it.

Washing it with water is better [and] if the physical impurity exceeds its
orifice, [then nothing] other than water and liquids are permitted for its
removal.

Istinja’ is not performed with:
1. Bones,

2. Dung,

3, Food, or

4. The right hand.

Bad) OS

SALAH — PRAYER

The Timings of Prayer

3 Le fall al! 29 GUI pl all 15) pill 5s Si
eid alles J be ley Ty 535!
The beginning of the time of fajr is when the second fajr (dawn) rises, and
that is the whiteness that spreads across the horizon. The end of the time [of

fajr] is as long as the sun has not yet risen.*°

dagim al Ue Lye Ty not! oI1j 15) ll obs Sole
SWBy Shy MoS G gu alto ect JS JB jhe 5) SLs abllary
alds ecg JS Se she 51: dls al Lgry et 9 cig gl

The beginning of the time of zuhr is when the sun declines [from the
meridian]. The end of its time, according to Abu Hanifah, may Allah have
mercy on him, is when the shadow of everything becomes twice its size,
excluding the [normal] shade at midday. Abu Yusuf and Muhammad, may
Allah have mercy on them, however, said that [the end of the time of zuhr] is
when the shadow of everything becomes [equal to] its size.

edo ly oisill be bl o39 7 5 NS] pal ods Joly
nett) os J bs
The beginning of the time of ‘asr is when the time for zuhr has expired,

according to either statement of the two [preceding statements], and the end
of its time is as long as the sun has not set.

SS de Uys Sly pod Ce pF 13 Spall 239 Sols
Ev Poe al LF B pad oe PII EG» SMI els! gm9 jac
gt bs al Lgey wet 9 Vag gl SEs SS all avy
\

The beginning of the time of maghrib is when the sun has set, and the end
of its time is as long as the twilight (shafaq) has not departed, and that is the
whiteness that is seen on the horizon after the redness according to Abu
Hanifah, may Allah have mercy on him, but Abu Yusuf and Muhammad,
may Allah have mercy on them, said that [twilight] is the redness.

pie: x le \gr89 ely pris wile \>\ oid | 99 J9\¢
al j=l

The beginning of the time of ‘isha’ is when the twilight departs, and the
end of its time is as long as the second fajr has not appeared.

el alle, Je gS: Fly cLedl ay S339 Isls

The beginning of the time of the witr [prayer] is after ‘isha’ [prayer], and
the end of its time is as long as the fajr has not appeared.~”

Recommended Times for Prayer

ents yall 8 BIL Ly Gal (EY etn 9
pe lg BM Jody oth pad Ile paall poly lett b
JBN Ee BL yh Soll Grorey 9 WIE [SL SL
ass sal lov 34 3 ols IW ST sol 5% ol
It is recommended:
1. To brighten the fajr [prayer],”°

To cool the zuhr [prayer] in the summer,”! and to hasten it in the
winter,
To delay the ‘asr [prayer] for as long the sun does not change [its

3. colour],°* and

4. To hasten maghrib [prayer],

5. To delay the ‘isha’ [prayer] up until just before one-third of the night.

In the case of the witr [prayer], it is recommended for someone who is
accustomed to performing the prayer of the night,’’ that he delays the witr
[prayer] to the end of the night. If he is not confident on waking up [for it], he
performs the witr [prayer] before sleeping.

OBI Ol

ADHAN — THE CALL TO PRAYER AND ITS
RULING

Vo clalgu le b9o dacdly yuck! Global) dun Otay
oe 9 Ball: CMB de ddl O18 SL pg 48 a
USy# ¢ gl

Adhan is sunnah for the five [daily] prayers and for the Jumu‘ah prayer,
[but] not for [prayers] besides those.**

There is no modulation (tarjr‘) in it.

One’? adds [the words] “as-salatu khayru’m-mina’n-nawm — Prayer is
better than sleep,” twice after [saying, “hayya ‘ala]’l-falah — [Hurry towards]
success,” in the adhan of fajr.

AB: CAB be > te ed 2 pp ail YL OL fhe EYL

The igamah°° is similar to the adhdn, except that one adds “gad gamati

*s-salah — prayer has been established,” twice after “hayya ‘ala ’I-falah” in it.

AL IS ALA Lage Jinn 9 dalBY 8 pret ONS dente 9
Vheatg Lik agony Sg TMs Oda! J)

One says the adhan leisurely and is rapid in the igamah.

One faces the giblah>’ for both [the adhan and the igamah], but when [the
mu’adhdhin] reaches the [word of] as-salah (in “hayya ‘ald ’s -salah”) and
al-falah [in “hayya ‘ala ’I-falah’|, he turns his face towards the right and the
left [respectively].

Sy plBly DoW OSI Sl gle aU SB ah 9 ASL 455 »
AalBY Je pal Li Sls bly Sd ele 6): 25 WI BLS

One calls the adhdan for the missed prayer and [also] says the igamah. If
someone has missed many prayers, he calls the adhan for the first [prayer]
and says the igamah, and for the second, he has the choice; if he wants, he
calls the adhan and says the igamah, or, if he wants, he restricts himself to
the igamah [only].

Je +929 2 Se 03) OB eb Se rb 9 O32 O! Ae
bShal O35 Va ce 929 03% ol 9929 2S Se ea I 0K 5

SUS alll aay Caovgs gl aie pout 3] Leds J do

One ought to call the adhan and say the igamah in [the state of] purity, but
it is permitted if one calls the adhan without wudu’. However, it is
disapproved [for one] to say the igamah without wudu’, or to call the adhan
whilst junub.

One is not to call the adhan for a prayer prior to the entry of its time,
except for fajr according to Abu Yusuf, may Allah have mercy on him.

anes J bad! bs ob
PRECONDITIONS OF PRAYER

Se eee g GIES ys BLA pre GI peal be

Ad) 9S fu 9 olietd Le

It is obligatory on the worshipper (musalli):

1. To give precedence to purity from ritual and physical impurities,
according to what we have mentioned earlier [in the last chapter],

2. To conceal his nakedness (‘awrah),

(928) FAS Se dS MN Mootle: Jo N 10d) gle
3 nd

The nakedness of a man is whatever is below the navel to the knee — the
knee is [included in] the nakedness but not the navel.

Let g gga eg Wl dy 96 lS BDI SLM Ong

All of the body of a free woman is nakedness, except her face and her two
hands.

Ln ygbog Liber 9 Le yo by 96 gd Jord Cpe By 96 SIT Ley
By 9 ued Lee ce CUS 6 gw Leg 8) g¢

Whatever is nakedness for a man, that is [also] nakedness for a slave-
woman, as well as her belly and her back. Anything else of her body is not
nakedness.

da dg yas be duletdl a lh pest J peg

Whoever does not find that with which he may remove the physical
impurity, prays with [the physical impurity], and he is not obliged to repeat
the prayer.

dgredle & SMe geg WEB UL © hel fat d yy

Whoever does not find garments, prays naked, seated, indicating the
bowing and the prostration.

If he prays standing, it suffices him, but the former [method] is better.

As ol oy 9 lee rads Y ans ed Joy Sl oda 5 9% 9

dem si DL dad WE 9 SS Ol YY ALaI Jen 9 cor

[And it is obligatory on the worshipper (musalli):]

3. To make the intention for the prayer in which he is about to enter, with
an intention which he does not separate from the tahrimah*® by any other
action,

4. To face the giblah, except when he is in a state of fear [in which case]
he may pray [facing] any direction he is able.

Agel Wye Slag Ge pare gud Adal ade ogctl ob
be

If the giblah is unclear to him and there is no one present whom he may
ask about it, he exerts himself [in working out the giblah] and then prays.

989 23 phe OI g ae Bale] SB he be aw Les i asl gle obs
lade 9 Akal MN jlo oua)l 3

If he comes to know after he has prayed that he has made an error [in
determining the giblah], then there is no repetition [of the prayer due] upon
him, but if he comes to know that whilst in the prayer, he turns around
towards the giblah and forms [the remainder of the prayer] upon [what he has
already done].*”

oMyasl dae Ob
THE PROPERTIES OF PRAYER

dgrdl ge gS Slodel Bl gel al cde pall :dw dal abl 8
dies 9g US Jo olj leg agtall lade drs NI daadll y

Obligations (Fara’id)
The obligations of the prayer are six:
1. Saying the ‘Consecratory Takbir’ (tahrimah),
2. Standing (giyam),
3. Recitation [of the Qur’an] (gira’ah),
4. Bowing (rukw‘),
5. Prostration (sujud), and
6. Final sitting (qa‘dah) for the extent of the tashahhud.””

Anything beyond this is sunnah.*!

THE PERFORMANCE OF PRAYER

The First Rak‘ah or Unit

E> pil ee ak a9 S She 3 Joy) Jeo 131 3
Saha: pS y2 Yay SB Ob 453) daset aul eh Gile
ADI gery daty dam sl use ol sol ST ya sl lac! sl
al Sg OI 5A Vs DS lary avy gl Sb, US
pS all gh SM all gh 9S

When a man enters his prayer, he says the takbir,** and raises both his
hands with the takbir until his thumbs are parallel to his earlobes.

According to Abu Hanifah and Muhammad, may Allah have mercy on
them, it suffices him to say, “ Allahu ajall — Allah is more majestic,” or
“fAllahu] a‘zam — Allah is more tremendous,” or “ar-Rahmanu akbar — the
Most Merciful is greater,” in the place of the [normal] takbir. Abu Yusuf,
may Allah have mercy on him, however, said that it is not permitted for him
to say anything but, “ Allahu akbar — Allah is greater,” or “ Allahu’l-akbar —

Allah is the Greatest,” or “ Allahu’l-Kabir — Allah is the Great.”

Jabs SB pall OF gate 9G pel Je Gadd ody dates»

Sys a}| Yo Sto MS¢ Cua HylSe Srsow 9 oll low

wy ON) a wn Lye g we! Wert! pe UL Luatne 9
lee peg

[In giyam] he rests his right hand over his left, and places both beneath the
navel.

Then, he says, “subhanak’Allahumma wa bi-hamdika wa tabaraka’smuka
wa ta‘ala jadduka wa Ia ilaha ghayruka — Glory be to You, O Allah. All
praise is for You. Blessed is Your name, exalted is Your dominion and there
is no god other than You.”

He [then] seeks refuge with Allah from the accursed Shaytan*? and
recites, “bismi’llahi’r-rahmani’r-rahim — In the name of Allah, the All
Merciful, the Most Merciful,” doing so inaudibly** in both cases.

a) sl ea LIE ol gas By gg OES A215 1,2 0
wohl Age 9 Gel: SU Wall Yo ely JIB V3) 9 el
Ek& 9

Then, he recites the Fatihah*? of the Book (Qur’an), and a chapter (surah)
with it, or three dyahs (verses) from any chapter he wishes.

When the imam*® says, “...wa la’d-dallin,” he says, “ amin” and the

follower also says it, but inaudibly.

avbel Ge g gS) Ue dy deters Seo WS

65) 3 Soh 9 Ky Vy duly aby Vy ong Lee 5

pow: Job g duly aby ob biol Udy UG alas gy de
ded) MN yy : pS§Ml Ugh 9 ore oh alll

Then, he says the takbir and perform the ruku‘; he rests his hands on his

knees, opens his fingers wide, levels his back and neither raises nor lowers
his head [excessively]. [Once] in ruku‘ he says, “subhana rabbi al-‘az 1m —
Glorious is my Lord, the Great” thrice, and that is the minimum.

Then, he raises his head saying, “samia’llahu li-man hamidah — Allah
hears the one who praises Him.”

The follower says, “rabbana laka’l-hamd — Our Lord, all praise is for
You.”*”

2299 I be ey Aer 9 dawg 9S KL (S gewl I3\e
Lal fe patil OB catgny abil be dmg ABS Sy agers
pas ga VICBSI Je glad 5 94

When upright in the standing posture, he says the takbir and prostrates. He
rests his hands on the ground and places his face between his palms. He
prostrates on his nose and forehead. If he confines himself to [only] one of
the two, it is permitted, according to Abu Hanifah, may Allah have mercy on
him, but the two of them,*® may Allah have mercy on them, said that
restricting [the sajdah] to the nose is not permitted except because of a valid
excuse.

jhe 48 LOB Je glare 5 Je tow Ob

If he prostrates on the fold of his turban, or on the extra [portion] of his
clothing it is permitted.

adey glel amg 9 2558 ys ale blty and Gry 5
N59 SG be So lew 1 02 go 3 J 9% 9 shall god
obo

In his sajdah, he opens up his armpits and separates his stomach from his
thighs, points the toes of his feet towards the giblah and says “subhdana
rabbiya’l-ala — Glorious is my Lord, the Most Exalted” thrice, and that is the
minimum.

drwy 9S Ladle SLL! 3 9 RO 9 aul er

He then raises his head [whilst] saying the takbir, and when he is settled
in the sitting posture, he says the takbir [again] and prostrates.

Vo dyed pote de UB ggely GS Ite bbl 156

U2 de Andy deta Vy tak,

When he is settled in the [second] sajdah, he says the takbir and becomes
erect in the standing posture, upon [the use of] the balls of the feet;*? he does
not sit nor support himself with his hands on the ground.

The Second Rak‘ah or Unit

patton YAN S| Ded 3 Jad be foe AgW LS 3 ad
BST ASSN BY] a ad Vo Spas Yo

In the second rak‘ah, he does just like he did in the first, except that he
does not open [the unit with “subhanak’Allahumma...” |, nor does he recite
the ta‘awwudh or raise his hands [to his ears], other than in the [case of the]
first takbir.°?

dla y bal ASU AaS\ 3 ASW Btu! ye duly Ady I5\3
ged dalel amgg lad Goll aig Lede uled 6 pull
Agcy eS anbel Law 9 isd Je an ays dal

When he raises his head from the second prostration in the second rak ‘ah,
he lays his left foot down and sits on it, and he erects his right foot [firmly]
and directs its toes towards the giblah. He places his hands on his thighs and
spreads his fingers flat [on them], and says the tashahhud.

Pud! Sly Di galls aU Sled! : J gis ae ne
all sls Bes ide ed aslS 9 AN\ Ae) 9 ll Lich dhe
Agu 9 OE Lek Sl agily all Wal Y ol resi yttelt

dN bhai) | G \ Juss Js wp Yo

The tashahhud is that he says, “at-tahiyyatu li’[lahi wa’s-salawatu wa’t-
tayyibatu, as-salamu ‘alayka ayyuha’n-nabiyyu_ wa-rahmatu’llahi wa-
barakatu-hu, as-salamu ‘alayna wa “ala ‘ibadi’llahi’s-salihin, ash-hadu al-la
ilaha illa’llahu wa ash-hadu anna muhammadan ‘abdu-hu wa-rasuluh.” In
the first sitting (al-qa ‘dat al-ula), he does not go beyond that [point].

dale IS 4A Ow SI GaSb LB
In the following two rak‘ahs, he recites the Fatihah of the Book only?!
Agt5 9 SINS Gele LS ule Sa! STG pole 15

When he sits at the end of the prayer, he sits as he sat in the first [sitting
position at the end of the first two rak‘ahs], and says the tashahhud.

SAS aus cli lk lease prlng ache UI be ol de Les
AN AIT auty Le ge Vo dy oll Aco OL a

He asks for blessings upon the Prophet #, and makes supplications for
whatever he likes with what resembles the words of the Qur’an and
transmitted supplications. He does not supplicate with [words] that resemble
the speech of humans.

asa 9 al Ae) 9 Kile “ ered: J 8d dice GE elie
NS de

Thereafter, he says the salutation (salam) to his right and says, “as-

salamu ‘alaykum wa rahmatu’llah” and then to his left, likewise.

Recitation
all ge Hd Gea b9 pal b del BL eH s

OWS hg Gs! se Led del BI 2 9 LL GIT Ol eLely
CLE LE Oly An ponls > ALS OL: _p% 948 Io ‘

pals gs)l 3 +l t eed! 28 9

If one is [himself] the imam, he raises his voice with the recitation [of the
Fatihah and the additional chapter] in:

1. The fajr [prayer], and in the first two rak‘ahs of

2. The maghrib, and

3. The ‘isha’ [prayer].

He is to make his recitation inaudible in [the case of] whatever follows the
first two rak‘ahs.

If someone is [praying] alone, then he has a choice; if he wishes, he may
raise his voice and make himself hear [the recitation], or if he wishes, he may
make it inaudible.

In the zuhr and ‘asr [prayers], the imam makes his recitation inaudible [in
all the rak‘ahs}.

The Witr Prayer

AA SN ge 4S) IS Bley ddl re SE SN SS
e8 6S Ay aby 9 (Sak, Ol aL 1S3 gar by gery CES
Layne oes § Oak Sig

The witr [prayer] is three rak‘ahs; he is not to separate them with
Salutation. He recites the [du‘a/ qunut in the third [rak‘ah immediately]
before the ruku‘, throughout the year.

In each unit of the witr [prayer], he recites the Fatihah of the Book with a

chapter [added] to it, and when he wants to [recite] the gunut, he says the
takbir and raises his hands [to his earlobes], and then recites the gunut. He
does not recite the qunut in any other prayer.

cla p& ) 5H Y lee 8) ge bel 8 Sohiall Ge et 3 nds
Lape gd Lae Yaw Leese by ge SelB Le She g

The recitation of a particular chapter and [believing] that any other
[chapter] will not suffice is not a part of prayer.

It is disapproved [for one] to adopt the recitation of a specific chapter for
the prayer not reciting any other [chapter] in it.°

Minimum Recitation

AS STD ql alglay Le dda! BSL ye G4 b Gale
AU) Lge) dots aug gpl SBs Ske lary die ul
1 yo Vo Aly gh AT gh sled OUT GG Gs Jl jg V dls
3 Get ope Bde BSI ob! ey ell GE gl
dal) 459 Bball Ag: Gets

The least amount of recitation in the prayer that suffices is whatever is
comprised under the name ‘the Qur’an’, according to Abu Hanifah, may
Allah have mercy on him, whereas Abu Yusuf and Muhammad, may Allah
have mercy on them, said, “Less than three short verses or one long verse”? is
not allowed.”

The follower is not to recite behind the imam.**

Whoever wants to enter into the prayer led by another requires two
intentions:

1. An intention for the prayer, and

2. An intention for the [act of] following.
deltl ol
THE JAMA‘AH OR CONGREGATION

BIS 50 dew: dell,

Congregation (jamd‘ah) is a sunnah mu’akkadah [for the obligatory

prayers].°°

Imamah — Leading the Congregational Prayer

SB pal SE ly glis GE ASL pgelel ALYL WI Dele
wermli ly glad OE ge gb ly sls

The most worthy of people for leading the congregational prayer are:
The most knowledgeable of them in the sunnah. If they are equal [in
that respect],
2. The best of them in reciting [the Qur’an], then if they are equal,
3. The most scrupulous of them, then if they are equal,

The eldest of them.

4 OB UD yg cep Gly GLEVLy tell td oS 9
Baal coe J glen Y Ol EW at 9 Sle | pens

It is disapproved to give priority [as the imam] to:

1. A slave,

2. A Bedouin,”°

3. A dissolute,

4. A blind man, and

5. The child of adultery.

If they put themselves forward [to lead the prayer], it is valid.
The imam does not prolong the prayer for them.

Congregation of Women

E289 Sled GL dclow Gates Whe OF eLudll 29
8) IS (glans Acle'y|

It is disapproved for women to pray in congregation by themselves, but if
they do, [then] the imam is to stand in between them,°’ as [in the case of]
naked people.”

Sequence of Rows

Ly gees nl “Is Ol g (AK YS Aols| A>l 9 e be cr

we Se NN res gece gl Ol ol Lye Ol JEW 5 9H Vy

Jey ie Lf Bal lb OB ott ob tht ob Shall
AiMyo Co tid Bele GS | GIS pie

Whoever prays with [only] one other person makes him stand to his right,
and if there are two people [other than the imam], then [he stands] in front of
them.

It is not allowed for men to follow a woman [in congregational prayer],
nor a minor.

[In the congregational prayer,] the imam forms [the front] rows of men,
then minors [behind the men], then effeminate men/hermaphrodites and then
women.

If a woman stands next to a man [in congregational prayer] participating
in one and the same prayer, the man’s prayer is void.

Other Issues Pertaining to Prayer

BS gredl oF ob ob Vy lL LI) gee cL oS 5

gl JB 5 dls all) Aa) dase ol wus elasdls wall pw
re 3 5 sl oF 556 SWS aU Lg et gp ey
sl glial

It is disapproved for women to attend the congregation, but there is no
harm if elderly women go out for fajr, maghrib and ‘isha’, according to Abu
Hanifah, may Allah have mercy on him. Abu Yusuf and Muhammad, may
Allah have mercy on them, said that elderly women are permitted to go out
for every prayer.

AS bold Yo Sod) ple ay ye Cae pallet Len Vy
Ob yal le gS Io il als tg LBs Zi diewdlt
pela pAb) Le cel Gee sill porihl 5: Ol Sots
AIS domes 9 AS GAY hee Vy seta GE SL Le» 9
Leb oes ey JM GE U2 FANN es oy gag
SAB eg pe tall IS Jack! bea 9 S1le) be ys
Bad! olel silgb 7 Je al rls all

Someone in the state of purity is not allowed to pray behind someone with
urinary incontinence, nor pure women behind the woman suffering from
chronic menstrual bleeding, nor a reader [of the Qur’an] behind an illiterate
person and nor a clothed person behind a naked person.

It is permitted for someone who has done tayammum to lead those who
have done wudu’ [in congregational prayer], and someone who has wiped
over his khuffs to lead those who wash [their feet] and the person standing
may pray behind someone who sits.

The person who is performing ruku‘ and sujud is not to pray behind
someone who gestures,”” the person performing the obligatory [prayer] is not
to pray behind someone who is performing supererogatory prayers, and nor is
someone who is performing one obligatory prayer [to pray] behind someone
who is praying a different obligatory prayer.

Someone who is praying aS supererogatory may pray behind someone
who is praying the obligatory prayer.”

Whoever follows an imam [in prayer] and then realises that [the imam]
was without purity, must repeat his prayer.

SI gad hb Vp otuce gl gh Coe ol Lead 0% »

gaasbel abd Vy Stal bye dy gad ale ogrdl ae Y Ol
dye yada Vy a Vg rg Jue Vy pate Vy LY
a yp Vo WS LSS nb Yo VLE gh cab»

wpis Ve JTL Vy ode 5 YL BR Vy ody Vy lL

It is disapproved for the worshipper to fidget with his clothing, or [with
parts of] his body [during the prayer], and he does not move pebbles away
unless they render prostration impossible, in which case he may smooth them
away only once.

He does not:

1. Crack his fingers,”
Interlace [them],
Place his hands on his flanks,
Drape his garment loosely [over his head],
Gather it [with his hands],
Braid his hair,
Turn towards the right or left,
Squat like the squatting of a dog,”
Reply to greetings with his tongue or [by gesturing] with his hand,
Sit cross-legged, other than with a valid excuse, or
. Eat or drink.

et SS oS

Pe
a)

ON SD Ol Be ds Ss Losig pail Gall ad Old
Sin Jesse Je go slagy lect ULL SS BLU
S23 lee 9

If he is overcome with minor ritual impurity, and if he is not the imam, he
turns away [and leaves the prayer], performs wudu’ and reestablishes his

prayer [based on where he left off].°* If, however, he is the imam, then he
appoints someone as [substitute] imam, performs wudu’ [himself] and
performs his prayer [based on where he left off], as long as he has not
spoken. Renewal of the prayer from the very beginning, [however,] is better
[in either case].

That which Nullifies Wudu’

ego Bilin! aad ghagle cobl gh > sh pio U ob I s
odLaIl

If [during prayer]:

1. Someone falls asleep and experiences seminal discharge,
2. Becomes insane,

3. Is overcome with unconsciousness, or

4. Laughs [audibly],

he renews his wudu’ and [also] his prayer.

Abin O) 9 dhe cule luele gl Lol de 3 IS O} »

BAL bess Oy hey Lag sgt 8 8 be de Gah

Oh 9 AS ee HE Beall Sly Mee Joe gl ISS 9] VL obs
ade Cala, aioe 3 ell peck! ch

If someone talks in his prayer, whether deliberately or out of
forgetfulness, his prayer is void.

If someone is overcome with minor ritual impurity after he has sat for a
period equal to the tashahhud, [then] he is to perform wudu’ and perform
[only] the salutation [of the prayer].

If he:

1. Deliberately acquires minor ritual impurity in these circumstances,

2. Speaks, or

3 Does something which is contrary to the [nature of] the prayer, his

prayer is [still] valid.

If someone who has performed tayammum sees water during his prayer,
his prayer is invalid.

Pe
-_= ©}

IZ:

Se Se Se eee YS

Boke gad Loesle GIS gl ag) jad and Lote oly I
GL & 9h By ge lard Lal SIS] Jub Jory apa Ald 9] Arne
Aude 5) SU glogmutly g SN Se paid eye oll gi rm gh
coal ol Lol ls uls ts Lal Ley Cotol gl ole 13 se
OS gh daadl S praadl 25s Joo sl dl glo b oil
yd Adlets CUS ep ye ChE od! Jo Lol
hag gh SBy Mle alll aay Adm al 5 b ede Cully

PLAN oe 8 eedhe os Jd Ul gay ey

If he sees [water] after he has sat [for a period] equal to the
tashahhud,

Or he was wiping over his khuffs and the period of his wiping elapses,
Or he removes his khuffs with a little action,

Or he was illiterate and learnt a chapter,

Or [he was] naked and found garments,

Or [was praying] with gestures and acquired the ability to bow and
prostrate,

Or he remembered that a prayer was due on him prior to this [prayer],
Or the Qur’an-reciting imam became ritually impure with a lesser
impurity and appointed an illiterate [as imam],

Or the sun rose during the fajr prayer,

Or the time for ‘asr [prayer] has entered during the jumu‘ah [prayer],
Or he was wiping over a splint®° and it fell off due to healing [of the
wound],

Or she was suffering from chronic menstrual bleeding and became
cured,°®

their prayer is invalid according to Abu Hanifah, may Allah have mercy
on him. According to Abu Yusuf and Muhammad, may Allah have mercy on

them, their prayer is valid in these cases.
25! gal eles OL
DISCHARGE (QADA’) OF MISSED PRAYERS

VJ CBS dgho Le lgords la S513) Lalas ode ald cyey

oS ASId Ne CSS Bde parks CES dhe Hd GE OI

SON 3 mg LS clea BS Olple a5 ney cds
ed SA! Big Sl ple nt fe csi pil 3 IY]

Whoever misses a prayer discharges it (qada’) when he remembers it.
He advances its [performance] before the prayer of that particular time,°’
unless he fears [that] the prayer of that time will be lost [due to the shortage
of time], [in which case] he prioritises [the performance] of the prayer of that
time over the missed prayer, and then he discharges [the missed prayer].
Whoever has missed some prayers, arranges them for their discharge
(gada’) in the sequence in which they originally became obligatory,°° unless
the missed prayers are more than five prayers, in which case the sequential

order is waived.°”
Sadi do SG SOB! Cb
DISAPPROVED TIMES FOR PRAYER

day pac ike 9 Ff ve Ye pattie sib vcd all 5 9
09 NN torn Vy dim fe bea Vo ongladl 3 els ue Vy

Prayer is not permitted:

1. During sunrise,

2. During sunset, other than the ‘asr [prayer] of that day, and
3. During [the sun’s] meridian at midday.

[During these times] one does not pray at a funeral, nor does he perform a
prostration of recitation (sajdat at-tilawah).

ayy yaed| alles > el Bde dey Jae OI oS

spe & ha ok OL y et Gy pall
be Vy 3b be hess Syd toy g CS Ged
. . Si gl 25)

It is disapproved for someone to perform supererogatory prayers after the
fajr prayer [until] the sun has risen, and after the ‘asr prayer until the sun has
set, but there is, however, no harm if someone performs missed prayers, the
prostration of recitation or prays at a funeral during these two times and one
does not perform the two units of the circumambulation [of the Ka‘bah].

Vo pedll 05) oe TL pal & ohh day Jars SI oS 5

It is disapproved to perform any more supererogatory prayers after the
appearance of the fajr than the two units of the fajr [prayer].
One does not perform supererogatory prayers prior to the maghrib

[prayer].’°
Job
NAWAFIL — SUPEREROGATORY PRAYERS

JB Le sly pel & gle tay Quay ear Ol Bball 3 Ant
(HT) 9 aT LES! 9 pall Sle yly lore aS 9 pla
(0S LE Sly Losey ly gly Lisl [3 la yly Gall ae

The sunnah in prayer is to pray:
1. Two units or rak‘ahs after the appearance of fajr,”!
2. Four before the zuhr [prayer] and two units after it,
3. Four before the ‘asr [prayer], but if one wants [just] two units,
4. Two units after the maghrib [prayer], and
Four before the ‘isha’ [prayer] and four [units] after it, but if one

5. wants [then just] two units.

cli Slo b4mle dodus Gad de LE Ol ll bls

dam gil SL JU J5lg LE US fe dak lo Sy Le
05g je d4oly dedar OLS) GE he o| Di alll ae,
Ys Dbs abl Lary wee y ergs gel Sby lS Jo dak 3

bdo |y deducts ead) be JL 2 5

With regards to the supererogatory prayers of the day, if one wishes, he
may pray two units with one salutation, and if he wishes, [he may pray] four;
[any] more than that is disapproved.

With regards to the supererogatory prayers of the night, Abu Hanifah,
may Allah have mercy on him, said that if one prays eight units with one
Salutation, it is permitted, and more than that is disapproved. Abu Yusuf and
Muhammad, may Allah have mercy on them, however, said that one does not
exceed two units with one salutation during the night [supererogatory
prayers].

The Ruling of Recitation in Supererogatory Prayers

OL FN Be 589 Os GAS b dels del Dy
Am| 9 d¢\ alla cree ee O! 9 Suen US ON 9 AZ \s)| \3 Pa Ov
Jl ae JEN OLS) ae GB

Recitation is incumbent in the first two units [of obligatory prayers].

In the last two [units], one has a choice:

1. If he wishes, he may recite the Fatihah [alone],

2. If he wishes, he may remain silent, or

3. If he wishes, he may recite the tasbih (glorification) [alone].
Recitation is incumbent in all units of the supererogatory prayers and

[also] in all units of the witr prayer.

a) be oF lela’ Leu o Jasl dle & Jdo cpg
SWBy read) 928 cy SY dl o nd! B 433 OLS,

Ye”

Lary) pads SLs al army ag gil

Whoever enters into a supererogatory prayer and then invalidates it
performs it again by way of gada’.’* If he prays four units, [in which] he sits
at [the end of] the first two and then renders the other two void, he performs
two units by way of gada’, but Abu Yusuf, may Allah have mercy on him,

said that he performs [all] four [units] by way of gada’.

os LEIS Lasers) ols ec ss yee = acs alsl)| berg
JUS al Lgey VB, Us Wl aay die Gl we je 1

ote pe W594 Y

One may perform supererogatory prayers seated, even though he has the
ability to stand. If someone begins the prayer standing and then sits down
[and thus, continues the prayer], it is valid according to Abu Hanifah, may
Allah have mercy on him, but the two of them,’’ may Allah have mercy on
them, said that it is not valid without a legitimate excuse.

cae Age sl df alo de Jae pall cE OW oy
HK) cere
Whoever is [travelling] outside the city may perform supererogatory

prayers on his mount, facing towards whichever direction it faces [and]
praying with gestures.

g3l pew OL
PROSTRATIONS FOR ERROR

downy Pad! day OLaddly dab NB Cols sgull ogre

The prostration of error (sajdat as-sahw) is incumbent in the event of an
[undue] excess or a deficiency [in the prayer], and [it is performed] after the
Salutation.

ced Lge ye Wad aide Boot) 3 gqedl agmew aap 9

gh og oh LSI AL Sel 35 ol Ggine Mad 5 ol evs
SHE 9) BLE LS OLY em gl pd OLAS | Agcs)|
HE bed

One performs two prostrations [of error], then the tashahhud and then the
Salutation.
The prostration of error becomes binding upon him when he:
Adds an act to his prayer that is similar to [the prayer] but is not a part
of it, or
2. Omits an act prescribed by the sunnah, or
Omits:
i. The recitation of the Fatihah of the Book, or
3; ii. The gunut, or
ili. The tashahhud, or
iv. The [additional] takbirs of the two ‘Ids, or
The imam recites aloud in what he was supposed to recite inaudibly,
or
5. Recites silently in what was supposed to be audible.

BLY doef OW agreed! SGU Se og ell sees
greed SSA eS! e5b 8 55h cg OB pL! toe
The error of the imam obliges the prostration [of error] upon the follower;

if the imam does not prostrate [for error], the follower does not prostrate. If
the follower makes an error [in his prayer], the prostration [of error] is not

required of the imam nor of the follower.

sgadll Sle MI ga9 SL we Da) Baad Ge ee O49

ded y3l alah Sle M OIF lg Agasy pled ole O31

aac! LY Ald BS VI Bal Qe cee Oly ¢ pgedld Hoey

Oh 9 gga Aeeey Laat aly teeny J) Le Baal LI aay

Ade SIT 9 WS Mo eae y Ayo yd Nes Boy diol Ll 15
du dbes 3S 5 Led ports

Whoever forgets the first sitting (al-qa‘dat al-‘ula) [and stands], then
remembers it when he is closer to the sitting posture, returns, sits and
performs the tashahhud. If he is closer to the standing posture, then he does
not return [to the sitting posture],’* and [at the end of the prayer], performs
the prostration of error.

If someone forgets the final sitting and stands up for a fifth [unit], he
returns to the sitting posture, as long as he has not performed a prostration
[within the fifth unit]. He abandons the fifth [unit] and performs the
prostration of error [after the salutation concluding the fourth unit].
Nevertheless, if he has secured the fifth [unit] with a prostration, his
obligatory [prayer] is void and his prayer becomes a supererogatory prayer
and it is incumbent on him to add a sixth unit.

Sole DN bi ube lay Jy eB Saal Gad ol»
ABE QhaS My aide OE 89 5 512A) Led esd Bree

If someone sits in the fourth [unit], and then stands and does not perform
the salutation believing that [it was] the first sitting, he returns to the sitting
posture so long as he has not performed a prostration for the fifth [unit]. He
performs the salutation and then performs the prostration of error. If,
however, he secures the fifth [unit] with a prostration, he adds another unit to
it and his prayer concludes [with that sixth unit]. The two [additional] units

[the fifth and sixth] are supererogatory.

le Jol Wo Le yl el be BUI jy old adhe BLE yey
ab SE 2 Las d 92 OWS Oly Ball ln do 6
SEN Se BAS A obs BAO 3

Whoever has a doubt about his prayer and does not know whether he has
prayed three or four [units], and that being the first [incident in prayer] that
has occurred to him, begins the prayer again [from the beginning]. If that
[uncertainty] occurs to him frequently then he must base [his prayer] on his
predominant belief, if he has a [predominant] belief, but if he does not have a
[predominant] belief, he bases [his prayer] upon [what he has] certainty [of
within the prayer].

va hh Be OL
THE PRAYER OF THE SICK

DOB teen 9 aS Melb he ela pa I de 4d 15)

Oe Abel ogmeadl Jamey cli] Legl ogredly ¢ Sy) alr
glen 3 OW eagle teen et dgey abn Vo cg 9S)
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cee! he OB cele! pee: eB ee Ol Slog elall aaph
doen 9 Sy Wel’ YEl oye & Gm i LB de oe
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BPO Ah eee 9 Sip EB he Gey opal can
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Led Sighs ud ale gebl yey Mall lu! ogre;

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If standing is impossible for the sick person, he prays seated with bowing
(ruku‘) and prostration (sujud). If he is unable to bow and prostrate, then he
gestures [to indicate the positions]. He makes the prostration lower than the
bowing and does not raise anything towards his face upon which he performs
the prostration. If he is unable to sit, then he reclines on his back and points
his feet towards the giblah and gestures [indicating] bowing and prostration.

If he lies down on his side with his face towards the giblah making
gestures [indicating the postures], it is valid.

If he is unable to make gestures with his head, he postpones his prayer and
does not gesture with his eyes, eyebrows nor his heart.

If he is able to stand but unable to bow or prostrate, the standing is not
binding upon him and it is permitted [for him] to pray seated whilst gesturing
[indicating the postures].

If a healthy person performs a part of his prayer standing, and then is
[suddenly] afflicted with an illness, he completes it sitting, and bows and
prostrates, or by way of gesturing if he is unable to bow and prostrate, or
reclining if he is unable to sit.

Whoever prays [initially] seated, bowing and prostrating, due to an illness,
and then recovers [from that illness] completes [the remainder of] his prayer
standing, but if he performs a part of his prayer with gestures and then gains
the ability to bow and prostrate, he begins the prayer [from the beginning].

When someone who is overcome with unconsciousness for [a period of]
five prayers or less recovers, he performs them by way of gada’, but if he
misses more than that’? due to unconsciousness, then he does not perform

[any of] them by way of gada’.’®

ET
THE PROSTRATIONS OF RECITATION

The Qur’anic Verses (Ayahs) of Prostration

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In the Qur’an, there are fourteen prostrations [of recitation, and they are in
the following surahs]:

SS SS SS

PR Re RP eR
KR WN FF ©

The end of al-A‘raf,’’
Ar-Ra‘d,’°
An-Nahl,””

Bani Isra’il (al-Isra’),°°
Maryam,°!

The first [prostration] in al-Hajj,°*
Al-Furqan,*”

An-Naml,**

Alif Lam Mim Tanzil,°°

. Sad,°®

. Ha Mim as-Sajdah,°’
. An-Najm,°°

. Al-Inshiqaq,”’ and

. Al-‘Alag.”°

The Ruling on Prostration

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In these places, prostration is incumbent on the reciter and the listener,
whether [the listener] intended to listen to the Qur’an or did not intend [to
listen].

When the imam recites a verse of prostration [within the prayer], he
prostrates for it, and the follower prostrates with him, but if the follower
recites [a verse of prostration], the prostration is not binding upon the imam
or the follower. If they [the imam and follower] hear [the recitation of] a
verse of prostration from a man who is not with them in the prayer, they do
not prostrate for it within the prayer but prostrate for it after the prayer. If
they do prostrate for it within the prayer, it does not suffice them but neither
does it invalidate their prayer.

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Whoever recites a verse of prostration outside of the prayer and does not
prostrate for it until he entered into prayer and recited it [again], and [this
time] he does prostrate [once] for both times, the prostration will suffice him
for both recitations. If he recites it outside of the prayer and prostrates for it,
and then enters into the prayer and recites it [again], he prostrates for it a
second time [because] the first prostration does not suffice him.

One prostration suffices someone who repeats the recitation of one
[particular verse of] prostration in one session.

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ere Vp ade Ages Vy

Whoever wants [to perform] the prostration [of recitation] pronounces the
takbir without raising his hands [to his earlobes], and prostrates. He then says
the takbir and raise his head [from prostration]. There is neither tashahhud

nor salutation [required] from him.

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THE PRAYER OF THE TRAVELLER

Shortening (Qasr) the Prayer

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The journey because of which legal commands change is when one
intends [to travel to] a place between him and which there is a distance of
three days travel, traversing by camel or walking on foot, but travelling on
water”! is not to be taken into account for that.

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According to us, the obligation on the traveller is two units for every
prayer of four’? units,’’? and any addition to those two [units] is not
permissible for him.** If one does pray four [units] and sits in the second for
the extent of the tashahhud, then the [first] two units suffice him for his
obligatory [units], and the other two are supererogatory for him, but if he
does not sit in the second for the extent of the tashahhud in the first two units,
then his prayer is void.

Beginning the Shortening

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Whoever sets out as a traveller performs two units [of prayer] when he has
passed the houses [at the fringes] of the city, and he remains under the legal
ruling of a traveller until he intends [to take up] residence in a city for fifteen
days or more, in which case the completion [of the full prayer] becomes
binding upon him, but if he intends [to take up] residence for less than that,
he does not complete [the prayer of four units but perform two].

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Whoever enters a city not intending to stay there for fifteen days [or
more], saying, “I shall leave tomorrow,” or “I shall leave [the day] after
tomorrow,” even if he remains there for many years [still] prays two units
[shortened].

When an army enters dar al-harb (hostile territory) and it intends [to take
up| residence [there] for fifteen days [or more], it does not complete the [full]
prayer.?°

When the traveller enters into the prayer of a resident [imam] with time

still remaining, he completes the [full] prayer,’ but if he enters with him into
a missed prayer, his prayer is not valid behind him.

When the traveller leads a group of residents in prayer, he prays two units
and performs the salutation. Then, the residents complete their prayer
[individually]. It is recommended when [the traveller] has performed the
salutation, that he say to them, “Complete your prayers for we are a group of
travellers.”

When a traveller enters his [own] city, he completes the [full] prayer, even
if he has not intended [to take up] residence in it.

Whoever has a homeland then migrates from it and adopts another
homeland, then later travels and enters his former homeland, does not
complete the prayer’’ [but shortens it].

When a traveller intends to reside in Makkah and Mina for fifteen days [or
more], he does not complete the prayer”® [but shortens it].

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The combination of two prayers for the traveller is permitted practically
but not permitted as [far as] time [is concerned].””

Prayer is permitted in the sitting position on a boat in all circumstances,
according to Abu Hanifah, may Allah have mercy on him, but according to
the two of them,!°? may Allah have mercy on them, it is not permitted [in the
sitting position] except with a [valid] excuse.

Whoever misses a [four-unit] prayer during a journey, performs it by way
of gada’ as two units when resident, but if he misses a [four-unit] prayer
while resident, he performs it by way of gadd@’ during travel as four units./?!

The disobedient and the obedient are [treated] the same with regards to the
concession during a journey.

dact| Be Ol
THE JUMU‘AH (FRIDAY) PRAYER

The Preconditions for the Validity of the Jumu‘ah
Prayer

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lelisi opal ob ol MALU SH Lyall} gt Ve SAN

The Jumu‘ah [prayer] is not valid except in a comprehensive city (misr
jami‘),'°* or at a [specified] place of prayer within the city, but it is not
permitted in villages.

Establishment of the Jumu‘ah prayer is not permitted except by the
Sultan,'°° or by someone whom the Sultan has appointed.

Its Preconditions

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One of its preconditions is the time; it is valid [only] at the time of the

zuhr [prayer] and it is not valid after it.!°

One of its conditions is the address (khutbah) before the [obligatory]
prayer [is held]. The imam delivers two addresses, separating them by one
sitting. He delivers the addresses standing in [the state of] purity. If [the
imam] confines himself to the remembrance of Allah, it is permitted,
according to Abii Hanifah, may Allah have mercy on him, but they!” said,
may Allah have mercy on them, that it must be a lengthy remembrance that
may be classified as an address. If he delivers the address whilst seated or in
[the state of] impurity, it is valid but disapproved.

One of its conditions is the congregation; according to Abu Hanifah and
Muhammad, may Allah have mercy on them, the minimum is three [persons]
besides the imam, but Abu Yusuf, may Allah have mercy on him, said that it
is two [persons] besides the imam.!°°

The imam is to be audible in his recitation in both rak‘ahs, and the
recitation of a specified chapter in them is not [a requirement].

Those on whom the Jumu‘ah Prayer is not
Obligatory

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The Jumu‘ah [prayer] is not obligatory for:
A traveller,

A woman,

An ill person,

A minor,

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A slave, or
6. A blind person.

If they do attend and pray with the people, it suffices them for the
obligatory [prayer] of the time.!°”

It is permissible for a slave, a traveller or an ill person to lead the Friday
[prayer as imam].

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Whoever performs the zuhr [prayer] in his house on a Friday before the
imam’s prayer [of Jumu‘ah], without [valid] excuse, that is disapproved for
him, but his prayer is permitted. Then if he decides to attend the Jumu‘ah
[prayer after his performance of the zuhr prayer] and proceeds towards it, the
zuhr prayer becomes invalid [for him], according to Abu Hanifah, may Allah
have mercy on him, by [his] making an effort to go to the Jumu‘ah prayer,
but Abu Yusuf and Muhammad, may Allah have mercy on them, said that it
is not void until he enters [the Jumu ‘ah prayer] with the imam.

It is disapproved for the [legally] excused person to perform the zuhr
[prayer] in congregation on a Friday, as is the case for prisoners.

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el ede 2 Wl

Whoever catches the imam!°° on a Friday prays with him whatever he
catches, and prays the Jumu‘ah on that basis.!°"

If he catches him in the tashahhud, or in the prostration of error (sujud as-
sahw), he is to pray the Friday [prayer] on that basis, according to Abu
Hanifah and Abu Yusuf, may Allah have mercy on them. Muhammad, may

Allah have mercy on him, said, “If he catches most of the second unit with
him, he prays the Jumu‘ah [prayer] on that basis, but if he catches less than
that with him, he prays the zuhr [prayer] on that basis.”!!°

The Khutbah — Address

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When the imam comes out [for the Friday prayer], the people abstain from
praying and talking until he completes his address. The two of them,'!! may
Allah have mercy on them, said, “There is no harm if they talk so long as he
has not commenced the address.”

When the mu’adhdhin calls the first adhan on a Friday, the people stop
selling and buying and they proceed towards the Jumu ‘ah [prayer].

When the imam ascends the minbar, he sits [on it] and the mu’adhdhins
call the adhan in front of the minbar. Then the imam delivers the address.
When he completes his address, they establish the prayer.

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THE PRAYER OF THE TWO ‘IDS

Recommended Acts of ‘Id al-Fitr

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It is recommended for the individual to eat something prior to setting forth
towards the place of prayer on the day of [‘Id] al-Fitr, take a ghusl, perfume
himself, dress [in] his best clothes and head towards the place of prayer
(musalla).''* He does not say the takbir''? on the way to the place of prayer,
according to Abu Hanifah, may Allah have mercy on him, but according to
the two of them,!!* may Allah have mercy on them, he does say the takbir.

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He does not perform supererogatory prayers at the musalld prior to the ‘Id
prayer.

When prayer becomes lawful with the ascent of the sun, its time has
entered, [and it lasts] up until the declination [of the sun] (zawal)'' from the
meridian. When the sun declines, its time is over.

The ‘Id Prayer Procedure

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The imam prays two units with the people; in the first [unit] he

pronounces the consecratory takbir, then three [takbirs] after that. After that,
he recites the Fatihah of the Book and a surah with it. He then says the takbir
with which he bows. Then, in the second unit, he begins with the recitation
[of the Fatihah]. When he has completed the recitation [with the additional
chapter after the Fatihah], he says three takbirs and [then] says a fourth takbir
with which he bows.

He raises his hands [to his ears] in [all of] the takbirs of both the ‘Id
[prayers].

Thereafter, [the imam] delivers two addresses after the prayer in which he
teaches the people [regarding] the sadagat al-fitr (the mandatory charity of
the fitr) and its rules.

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Whoever misses the ‘Jd prayer with the imam, is not to perform it by way
of gada’.

If the crescent moon is obscured for people and they testify to the sighting
of the crescent in the presence of the imam after the declination [of the sun
from the meridian], they pray [the ‘Id prayer] the following day, but if a
[valid] excuse occurs that hinders people from praying the second day, [the
imam] does not perform it after that.

Recommended Acts of ‘Id al-Adha

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On the day of [the ‘Id of] Adhd, it is recommended that one take a ghusl,
wear perfume, delay eating until one has finished the prayer and head
towards the place of prayer saying the takbir.

One performs the [‘Id of] Adhd [prayer in] two rak‘ahs, like the [‘Id of]
Fitr prayer.

[The imam] delivers two addresses after [the prayer], teaching people the
sacrifice (udhiyah) and the takbirs of tashriq''® in them.

If there occurs a [valid] excuse that hinders people from praying on the
day [of ‘Id of] Adhd, they pray it the following day or the day after that, but
they do not pray it after that.

The Takbir at-Tashrig

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As to the takbir at-tashriq, the first of it follows the fajr prayer on the Day
of ‘Arafah and the last of it follows the ‘asr prayer on the Day of Sacrifice
(nahr), according to Abu Hanifah, may Allah have mercy on him. Abu Yusuf
and Muhammad, may Allah have mercy on them, however, said that [it lasts]
till the ‘asr prayer of the final day of the tashriq.

The takbir follows [immediately after] the obligatory prayers. [It is to
say]: “Allahu akbar, Allahu akbar, Ia ilaha illa’llahu wa’llahu akbar, Allahu
akbar, wa li’llahi’l-hamd — Allah is greater, Allah is greater, there is no god
but Allah, Allah is greater, Allah is greater, and to Allah is all praise.”

3 guSS1 Be OL

PRAYER DURING THE SOLAR ECLIPSE (KUSUF)

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When the sun is eclipsed (kusuf), the imam prays two rak‘ahs with the
people, like the form of the supererogatory [prayers]. There is [only] one
bowing [position] in each rak‘ah. The imam lengthens the recitation in both
[of the rak‘ahs| and he makes [the recitation] inaudible, according to Abu
Hanifah, may Allah have mercy on him, but Abu Yusuf and Muhammad,
may Allah have mercy on them, said that he recites aloud. Afterwards, he
makes a supplication until the sun appears again.

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The imam who performs the Jumu‘ah prayer with them prays with the
people, and if the imam is not present, the people pray it individually.

There is no congregation for the lunar eclipse (khusuf), and everyone
prays on their own.

There is no address (khutbah) for the eclipse prayer.

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THE ISTISQA’ — PRAYER FOR RAIN

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Abu Hanifah, may Allah have mercy on him, said, “For seeking rain
(istisqa’), there is no prayer in congregation according to the Sunnah; and if
people pray individually it is valid. Istisqa’ is only supplication and seeking
forgiveness.”

Abu Yusuf and Muhammad, may Allah have mercy on them, said, “The
imam prays two units in which he makes the recitation audible. Then, he
delivers an address and faces the giblah when supplicating. The imam turns
his cloak inside out, but the people do not turn their cloaks inside out.”

The people of the dhimmah'"’ do not attend the [prayer for] seeking rain.

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THE (NIGHT) PRAYER DURING THE MONTH OF
RAMADAN

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It is recommended!!® for people to congregate in the month of Ramadan,
after the ‘isha’ [prayer].

The Tarawih Prayer

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Their imam prays five tarwihahs''? with them, in each tarwihah there are

two salutations. He sits between every two tarwihahs to the extent of one
tarwthah.'*° Then, he performs the witr prayer with them.'*! The witr prayer
is not to be performed in congregation outside the month of Ramadan.

3 3 Seo OL
THE PRAYER IN THE STATE OF FEAR

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When fear becomes intense,'** the imam forms the people into two
groups; one group facing the enemy,'~ and one group behind himself.'** He
prays ohne unit and two prostrations with this [latter] group. When he raises
his head from the second prostration, this group proceeds to face the enemy
and the other group attends. The imam performs one unit and two
prostrations with [the second group] and he performs the tashahhud and the
salutation. They do not perform the salutation but go away to face the enemy.
The first group returns and prays one unit and two prostrations, without the
recitation,'*? individually. They perform the tashahhud and the salutation
[then] proceed to face the enemy. [Then,] the other group return and pray one
unit'*° and two prostrations with recitation'*’ and perform the tashahhud and
the salutation.

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If [the imam] is resident, then he performs two units with the first group
and two units with the second [group].

For the maghrib [prayer], he prays two units with the first group and one
unit with the second [group].

They do not engage in combat whilst in the state of prayer; if they do that,
their prayer is void.

If the fear is extremely intense, they pray individually whilst mounted,
making gestures for the bowing and prostration, facing whichever direction
they wish if they are unable to face the giblah [throughout the prayer].

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FUNERALS

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When a person is close to death, he is faced towards the giblah on his

right side and encouraged [to pronounce] the two shahddahs.'*° When he
dies, they tie his jaws and close his eyes.

Bathing the Corpse

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When they decide to bathe him, they place him on a dais and place a piece
of cloth over his private parts (‘awrah) and remove his clothes. They perform
wudu’ on him, but do not rinse his mouth nor rinse his nose. Then, they pour
water over him. His dais has incense burned under it an odd number of times.
The water [for ghusl] is boiled with lotus or with saltwort, and if not
available, then pure water [suffices]. His head and beard are washed with
althaea.!*?

ON Sp Go pbaldy UL furs po ab be ane J
OEY abe Ue pena: Baie coal bbe UY Jeg 8 oll
wb cate Col by be MI reg 43 ell Ol ge ae Ul Jars
gst Ae Ge OP EB) eens ale pent 9 Ad) odin 9 dealt
Jat 9 BUSN 3 Ze gos Baby ob slid de Vy ali

odalue be) GIy ardyauly je bed

Then, he is made to lie on his left side and bathed with water and lotus
until it is seen that the water has reached to what is adjacent to the tablet.!*°
After that, he shall be made to lie on his right side and bathed with water until
it is seen that the water has reached to what is adjacent to the tablet. Then,
[the person bathing the body] causes him to sit, supports him against himself
and gently rubs his stomach, and if anything emerges from him, washes it. He
does not repeat the ghusl [of the deceased].

Then, he dries him with a cloth and places him in his shrouds. He applies
balm to his head and beard, and camphor to the parts used in prostration.!?!

The Shroud

Jalrct ade Adal Cad lal s15l 9 Sle Ge gd dels pail Ob
. ae See ET the SE ot * oats Ati. oc
CASS pha Ol | ble OB VL Gale ogdB NIGEL

D9Nne As

Of the Male
It is sunnah for a man to be shrouded in three cloths:
1. A wrapper for the lower half of the body (izar),'°
2. Shirt (gamis), and
3. Wrapper (lifafah).
If they confine themselves to two cloths, it is vali
When they decide to wrap the wrapper around him, they begin from the
left side and cast it over him, then with the right side. If they are afraid that
the shroud will unwrap [and fall] off him, they tie it.

d 133

day 3 Ab 59 sly yereedy hil: i plant Bal Ml As
359K 9 je Vigil As No paid! GL ddlals Labs \,
lay o be lapart bat » ASAI OF eres] God LF

Of the Female
The woman is enshrouded in five cloths:

A wrapper for the lower half of the body (izar),

Shirt (gamis),

Veil (khimar),

A scrap (khirgah) — with which her breasts are tied,'’* and
5. A wrapper (lifafah).
If they confine themselves to three cloths, it is vali
The veil is over the shirt but under the wrapper, and her hair is placed

upon her chest.

d 135

oye ya Igo tle jad Yo died Vy cdl ae ae Vy
Ale | gle are gf 531515 cl 59 Ld et JI JS OLS ty

The hair of the deceased is not combed nor his beard. His nails are not
trimmed nor his hair. The shrouds are subjected to incense an odd number of
times before the body is placed in them. Once they have completed that, they
pray over him.

The Funeral Prayer

PF A NS pam 3) DIELS ate drSL lI! Isls
Js ge ade he OB Ss ob Al ele] @ad Cond
| ben SI 54 J As ate be dls Doll olel lhl,
Vg Pll B06 Lend de he ade deer ty ob Ob oe

Sek) jue elbow ball 6 98) 9 cS tay er

The one with the most right to lead the prayer over him is the Sultan, if he
is present. If he is not present, then it is recommended to give priority to the
imam of the locality, then the wali (legally responsible guardian). If someone
other than the wali or the Sultan pray over him, the wali repeats [the prayer].
If the wali prays over him, then no-one is permitted to pray over him after
that.!?° If he is buried and he has not yet been prayed over, his grave may be
prayed over for [up to] three days, and it is not prayed [over] after that.!°’

The person praying stands level with the chest of the deceased.!?°
BSS So 0b Gaede DLS Al 08 8455 pS OI Bday

9: AIG BASS YS od larg ale alll be call de ens
tor Va phen 22a Ep RS Holnclly cally ant es
Ac La towne Bae Se ber Vo SV En SSN BY ay

The [funeral] prayer is [as follows]:
1. One says the takbir, praising Allah % after it, then

One says the [second] takbir and sends blessings on the Prophet #
" thereafter

He says the third takbir and supplicates in it for himself, the deceased
and the Muslims, and then

4. One says a fourth takbir and says the salutation.

One is not to raise his hands [to his ears] except in the first takbir. The
deceased is not prayed over in a congregational masjid.

Carrying the Bier

NE prt 2D get 9 al afl si) \gldlop po be ogle 13
27252 NN SB geht OI pL oS 08 MY gah 1B OB 593
ALB yp eed Jody god 9 pill de 9 Se SI Glicl oy

When they [i.e. the pallbearers] carry him on his dais, they hold it by its
four posts. They walk with it briskly, but less than trotting. It is disapproved
for the people, when they reach his grave, to sit before he is lowered down

from the necks of the men.!°”

140

His grave is dug and a lateral niche (lahd) is made’ and the deceased is

entered from that [side] which is adjacent to the giblah.

The Burial

J guy Abe Seg lll een s ar; GAN SB ont 3 aes IS

Sod) be Gl 5 ga 9 Stall Jeg aball Ld} age go alll
ade Al She ei ade wl Vy Htdly eV oS 5

cae V9 BN eines

When he is placed in his niche, the one placing him is to say, “bismi’Ilahi
wa ‘alamillatirasuli’llahi — In the name of Allah, and according to the
religion of the Messenger of Allah.” He is [also] to face him towards the
giblah and to loosen the knot [of his wrapper]. Mud bricks are placed over

the niche; [the placing of] baked bricks and wood [over the niche] is
disapproved, but there is no harm in [using] cane. Thereafter, earth is cast
onto [the grave] and the grave is made hump-like and not flattened. '*!

The Stillborn

Jen Dlg ale hes deb y cow B20 gl te Jetel gay
ade Sar ds 529 25,5 3 yl

After birth, whoever cries, is named, given a ghusl and prayed over,'** but
if it does not cry, it is [mot named, given a ghusl nor prayed over, but] is
wrapped in a cloth and buried.

dngedl Ob
THE SHAHID — MARTYR!”

Zab D1 Slay 9 AS yall Beg oh ccy oS pill ald so: wigs
abe dyer 9 ARS Azo ale UA Jo LIE Gb gclull abs ol

AlN aay Race Gh ace Jab Gall aged Ib y Jude Ys
BLS aU gery tat g ergy gel Sy uel WIS Shs
Fg Ald ae & Fo Vy ded gt ye Jae Vp Ode Y

Tug BF19 AFI 9 pl arc

The shahid (martyr) is someone:

1. Who was killed by polytheists,!** or

2. Was found [dead] at the battle with marks of wounding on him, or
3. The Muslims killed him unjustly but diyah is not due for his killing.
He is placed in a shroud and prayed over, but not given a ghusl.

When a junub is killed [as shahid], he is given a ghusl, according to Abu
Hanifah, may Allah have mercy on him, as is the minor, but Abu Yusuf and

Muhammad, may Allah have mercy on them, said, “They are not given a
ghusl.”

The blood of a shahid is not washed off him, nor are his clothes removed,
but his leather jacket, furs, boots and weapons are removed.

gh Sale ot Spe oh ITL Gh: CUBS y Jue 25) yay

oe Jae gl Jae ga) Bde ody ale Qasr oe le Ay

weg Adds eg Jab Goliad glum 3 JB yey clo aS all
abe Juan dS pla) gles | dla cys 8

Whoever remains alive (irtithath) is to be given a ghusl.
Remaining alive (irtithath) is that one:

Eats, or

Drinks, or

Is treated, or

Remains alive until the time of one prayer passes over him and whilst
he is conscious, or

He is transferred, while alive, from the battlefeld.

eS eS YS

Whoever is killed due to a hadd (divine statutory) punishment, or gisds
(legally supervised retaliation), is given a ghus! and prayed over, but those
rebels or brigands killed are not prayed over.

ASS! 3 dda) OL
PRAYER INSIDE THE KA‘BAH

Led eeyl Le ob clgliig .o,3 Sle An 3 ddbcl!

Sam eg Sle pl 4eb J) og! egee food dolor

ore> gis Jam 49 oS 9 jle Pll amy J) deems pgis
Bde SF J PLY 4>y J)

Prayer inside the Ka‘bah is valid, the obligatory and the supererogatory. If
the imam prays inside it with a congregation and some of them turn their

backs to the imam’s back, it is valid, but if any of them turns his face towards
the face of the imam, it is valid, but disapproved, but if any of them turns his
back to the face of the imam, his prayer is invalid.

ASI J gm eldl GE el Fl soll B pled be 151s
Ped! G2 do! Ko 51 wae OS pad ey! BdLe: I gles
HE Be he yey eed le 3 (SS _ J 1S) Bde Sie
SMe Dil 4a
When the imam prays in the al-Masjid al-Haram,'*° the people form a
circle around the Ka‘bah and pray with the imam’s prayer [following him]. If
any of them is closer to the Ka‘bah than the imam, his prayer is valid if he is
not on the [same] side [as that] of the imam.
If someone prays on the roof of the Ka‘bah, his prayer is valid.

BIS SI OLS
ZAKAH —- OBLIGATORY POOR-DUE

Obligations of Zakah
Lad he 15) JL! AILS! glut) 31 de dels BIS SI
SPF Ve re Be edly Itt ade Jeg LU Ie LIS
abe 15D Lye Cpe ade IIS pay BS 5 IK Vy
B ay choles abs 15) LEW $5 geal ge HT Ie SIS Oly
Aue SS 3 Clyrg Jbl SEs Sas! Gls BRI! 99
Ay WY} ISS clol 5.94 Vy BITS Same erly dead
arere Sead eg cel il slade J jal 45 ylie gl eloSW a5) lis
ace \g,b,d Lad SIT5N 5 gb Vo le

Zakah is obligatory on the free Muslim [who is] adult and sane when he
owns the complete minimum amount (nisab), with complete ownership'*®
and a [lunar] year passes over it. There is no zakah on a minor, an insane
person or a mukatab.'*”

Whoever owes a debt that encompasses his wealth, then there is no zakah
[due] from him, but if his wealth is more than the debt, zakah is paid upon the
excess if it reaches the nisab.

There is no zakah on residential houses, clothes for the body, household
goods, riding animals, slaves for [personal] service [not for trade] and
weapons for use [not for trade].

Payment of zakah is not valid without an associated intention to pay, or
associated [intention] for the disposal of the obligation of the amount [of the
zakah}.

Whoever gives away all his wealth as sadagah (optional charity) and does
not intend zakah, his obligation [of the payment of zakah] lapses.

LN ISG OL
ZAKAH ON CAMELS (IBIL)

BEL La aah 1315 dS .2 JN Sy0095 ped ye N51 Syed
BLE gad | phe CIS NSB aad DBL 8 J gt lerle Sle g
aad Molt CO Lyd She ot CIS 13 bbe a 3h
ISB coe hey ee sl Mf ols a sl Ladd op phe CIS (5B he
ISS ey pa NI ele Ce ad Op peg Le Cal
Sas 131 epee sly ed Md gd Hee Lgl QS g Lee a
Legdd Gyetng Geko] Cals ISB citee Um Lead Que sly
BIO gd ey gd rng Ler Daa 1318 png pe LY dete
Cp pig Ble MI Oba Lyk randy Gao] SIT IS 9 eopans

There is no sadaqah'*® [due] on less than a group!” of five camels. When

they amount to five free-grazing, and a year passes over them, there is one
sheep or goat)? due [in zakah] for them; [that is] up to nine [camels]. When
they become ten, there are two sheep or goats due [in zakah] for them, and
that is up to fourteen [camels]. When they become fifteen [camels], there are
three sheep or goats [zakah] in them, up till nineteen. When they become
twenty, there are four sheep or goats due [in zakah] for them, up till twenty-
four.

When they reach twenty-five [camels], there is one bint makhad'! due [in
zakah| for them, up till thirty-five. When they reach thirty-six [camels], there
is one bint labun'?* due [in zakah] for them, up till forty-five. When they
reach forty-six [camels], there is one higqah'*’ due [in zaka@h] for them, till
sixty. When they reach sixty-one [camels], there is one jadha‘ah'** due [in
zakah| for them, up till seventy-five.

When they reach seventy-six [camels], there are two bint labuns due [in
zakah| for them, up till ninety. When they become ninety-one [camels], there
are two higgahs due [in zakah]| for them, up till one hundred and twenty
[camels].

PMS HAE pe Blb eD § 5 SS Ace BILLS oS
nt Sold arly pie bolt cats .# bs ob
Bli= SDE UES 5 93 Gente y Ble DI SF Oe op es

Thereafter, the obligation recommences; thus, for five [camels over one
hundred and twenty], there is one sheep or goat with the two hiqqahs. For ten
[camels over one hundred and twenty], there are two sheep or goats [with the
two higqgahs]. For fifteen [camels over one hundred and twenty], there are
three sheep or goats [with the two higqahs]. For twenty [camels over one
hundred and twenty], there are four sheep or goats [with the two hiqqahs].

For twenty-five [camels over one hundred and twenty], there is one bint
makhad [with the two higgahs], up to one hundred and fifty in which there
are three higqahs [due in zakah].

ULE pall Sy BLE red BS ey I ls 6

wt boot aly de Bo ls Ob bcs rt 33

Able Cab 13185 gd ee GOS ae 39 LE Cap piey
pole SB) gle a Lenk? ands ling

Thereafter, the obligation recommences; thus, for five [camels over one
hundred and fifty], there is one sheep or goat [with the three higgahs]. For
ten, there are two sheep or goats. For fifteen, there are three sheep or goats.
For twenty, there are four sheep or goats.

For twenty-five [camels over one hundred and fifty], there is one bint
makhad [with the three hiqqahs]. For thirty-six [camels over one hundred and
fifty], there is one bint labun [with the three hiqqahs].

When they reach [the number] one hundred and ninety-six, then in them
there are four higqahs, up until two hundred [camels].

cl gw Wl pala Selly cipemadl y SUL
Thereafter, the obligation continually recommences, just as_ it
recommences for the fifty which come after the one hundred and fifty.!°°

The mixed breed (bukht) and the Arabian breed (‘irab) are [deemed to be]
the same.

Al) Bre Ob
ZAKAH ON BOVINES** (BAQAR)
KELL SG CAT 13 Be BN oye GES oye SI byt
Aisne 3h pws (rr si bg asd ol ard ent J ot! ude Slog

There is no zakah on less than thirty cows. When there are thirty, free-
grazing [cows] and a year passes over them, there is due a one-year old male
calf (tabr‘) or a one-year old female calf (tabi‘ah) [as zakah] in them, and in
forty [cows], it is a two-year old male calf (musinn) or a two-year old female
calf (musinnah).

opter SI EUS je Bol, IB Gog Ge de Dal) 1515
Bg Aine te ayy Otel sll 2d SLS al az) dave cal we
anid pak gui 255 EMS 39 & e put - 3 sy |

When they exceed forty [cows] up to sixty, it becomes obligatory [to pay
zakah| on the excess accordingly, according to Abu Hanifah, may Allah have
mercy on him. Thus, in one [cow over forty cows], it is a quarter of a tenth!°”
of a two-year old female calf, in two [cows over forty cows], it is one half of
a tenth'?® of a two-year old female calf and in three, it is three-quarters of a
tenth!” of a two-year old female calf.

Bol SB eoh Vs MLS al Lgey et 9 Lag gil Slds
Anas am 39 Sead 3] Shed ed O98 Oe ald >
Olin le Bs das! BG Gig Sy Slams WE By arse

ons

Abu Yusuf and Muhammad, may Allah have mercy on them, however,
said that there is nothing [to pay] for the excess [over forty cows] until they
reach sixty. Thus, there are two one-year old male calves or two one-year old
female calves [in sixty cows]. In seventy [cows], there is a two-year old
female calf and a one-year old male calf. For eighty [cows], there are two
two-year old male calves. For ninety [cows], there are three one-year old
female calves and in one hundred [cows], there are two one-year old female
calves and one two-year old female calf.

Aime MN ard ge te IS 3 epi pe We Ue >

#) ga yd 19 nel gt lg

It is on this [scale that] the obligation [of zakah]| changes in every ten

[cows] from a year old male calf to a two-year old female calf [and vice
versa]. 1°

Buffaloes and cows are the same [in this regard].

ZAKAH ON SHEEP AND GOATS '“! (GHANAM)
Bile BLS Spas] SSIS 131 BS ye BLE en yt oye J5I Sb ad)
Bholg Balj lb csp pheg ails Molt yd J dl lade Sey
aL ISLS cols EG [gd stole cool 159 nls DN OGLE yes
el ger jal GLAD y BLE Ale IF Bb soled a si gatd ike wy J

There is no zakah due on less than forty sheep or goats, and when there
are forty free-grazing [sheep or goats] and a year passes over them, there is
one sheep or goat due from them, up until one hundred and twenty.

When one [sheep or goat] increases [over one hundred and twenty], then
there are two sheep or goats [due as zakah] from them, up until two hundred.
When one [sheep or goat] increases [over two hundred], then there are three
sheep or goats [due as zakah] from them. When they reach four hundred
[sheep or goats], then there are four sheep or goats [due as zakah] from them.

Thereafter, in every [additional] one hundred [sheep or goats over four
hundred], there is a sheep or goat [added to the payment of zakah].'°*

Sheep and goats are [to be deemed] the same [in this regard].

HH lS 5 Ob
ZAKAH ON HORSES (KHAYL)

Ler Laad J Fl Lge Slog CUI 9 1) 983 déLY SSI CAIs 15
3 dae ges eLEO! glyluo a IS ge declels ol: LLL
3) is SIS 532,220 ley S33 pag cqal yrdnt eyo Sle JS
Ys Ds alll igey ret grtug gl Sb Sls ablary dice
Bleed SS NY] pods JEN Be ct Vo SHI BSG

When horses are free-grazing, male (stallions) and female (mares), and
one year passes over them, then their owner has a choice:

1. If he wants, he may give one dinar for every horse [as zakah], or

If he wishes, he may value them and pay five dirhams for every two
‘ hundred dirhams [of the total value].!°°

According to Abu Hanifah, may Allah have mercy on him, there is no
zakah on the males of them alone,'®* but Abii Yisuf and Muhammad, may
Allah have mercy on them, said that there is no zakah on horses.

There is nothing [payable as zakah] on mules and donkeys unless they are
for trade.

ddim gl we 55) Jeledly QMetls OMeadl & dts

heyy gph Sy OLS ae 9 9S SIT TLS aU gery dats
wb pene Agha a Spey lets Belg LS OS Me alll az
SEV Legs SEV ol peeadl oy 9 ye del Grell 1 ey

SIS 5) B coll 05> 5 9 9 bea

According to Abu Hanifah and Muhammad, may Allah have mercy on
them, there is no zakah on young camels, young sheep and young cattle,
unless there are older ones with them, but Abu Yusuf, may Allah have mercy
on him, said that it is obligatory [to give] one of those [young].

Upon whomsoever a two-year old male calf is obligatory and it is not
available, the sadagah-official is to take a superior [animal] than that and
return the excess!®° [to the owner], or he may take an inferior [animal than
that] and take the excess.

It is permitted to pay the value in zakah.'°°

Gaal LoL Vy BS} Aagladly Selgdl 9 Selgall & pads
sbaeld had ad SIT fog dew gl ISL 9 atid) Yo SUM WLS
2 AELuSly cay lS 9 dle M) dand dutiom So Sot! ell 3
3h J At ad ile Ob St) S13 Leh 2S I:
Led 3IS) SBA
There is no zakah on work-animals, pack-animals and stall-fed animals.

The sadaqah-official!®’ is not to take the best of the wealth [of animals]

nor the worst of it; he is to take the average [animals].

Whoever possesses the nisab [of animals] and derives benefit from the
Same species throughout the year, is to add it to his wealth [of animals] and
pay zakah on it [all].

The sa’imah is that [animal] which is sufficed by grazing most of the year.
When one stall-feeds it for half the year or more, there is no zakah on it.'°°

vel gs AMI Lgety aes al 9 dase sl nie ISI
N31 9 caged Ht i DL alll gery 95) 9 dot Sy « gael O90
J gt! Ss lS 331 es ls ctideiw als JI Wo 9 de JU Nhe
Je ha Mle sas
According to Abu Hanifah and Abu Yusuf, may Allah have mercy on
them, zakah is due on the [complete] nisab [only] and not [on] the excess, but
Muhammad and Zufar, may Allah have mercy on them, said that it is

obligatory on them both.

If zakah is paid in advance before the year [has passed], and one is the
owner of the nisab, then it is valid.

ZAKAH ON PROPERTY (MAL)
4220) | SS 5 wb
ZAKAH ON SILVER (FIDDAH)

way> Sle COS 13 bse 2)? Sle ogre Bd
o> BLM Bet Vy pale Lat led Joh Lede Jey
LA y> gest SS Bb ob coaye ed 98 LAyo Qual als
LeoX 9 Vd gs yl S85 (GS al amy dace Jl AS @B)?
drlere 51S 55 SUN be aij le Abs al Lge

There is no zakah on whatever is less than two hundred dirhams [of
silver].1©9

When there are two hundred dirhams [of silver] and a year passes over
them, then for that there are five dirhams!’° [zakah], and there is nothing [to
pay] on the excess until it reaches forty dirhams, when, there is one dirham
for it.

Thereafter, there is one dirham [to pay as zakah] in every forty dirhams,
according to Abu Hanifah, may Allah have mercy on him, but Abu Yusuf and
Muhammad, may Allah have mercy on them, said that whatever goes over
two hundred [dirhams], its zakah [is calculated] according to its rate.!”!

I5] 9 <Apail Ke B seb Leal Gy sll de I OO} s
BS ON poms Lea sal SS 58 al ale SO
bla ken

If the predominant portion of the coin is silver, then it shall be [dealt with]
under the ruling of silver, but if the predominant portion is alloy, then it shall
be [dealt with] under the ruling of commodities (‘urud).

ZAKAH ON GOLD (DHAHAB)
CONS 13513 Abe HB! ope Vliee Cp pte O99 3 ped
JS BS See aes add Sg Wp Jey Ves Gy phe
OWS LSlbe da |

There is no zakah on what is less than twenty mithqdls!’* of gold, but if it
is [a minimum of] twenty mithqals, and one year passes over it, there is one-
half of a mithgal [zakah] due on i

Thereafter, in every four mithqdls [over twenty], two carats'’* [are due as
zak@h].'’°

AM aay dace cal wie Bde olde dar yl 99 LS pads
2595 33 Cp pl Ss oN} le dhs All| Luge) Yeo (dhs
BIS Lagee ASS g Logue g diced) y el 5 bg calicn

According to Abu Hanifah, may Allah have mercy on him, there is no
zakah due on what is less than four mithgdls,'’° but they,!’’ may Allah have
mercy on them, said that whatever exceeds twenty [mithgqals], its zakah [is
calculated] according to its rate.'”°

Zakah is due on nuggets of gold and silver, on their jewellery and utensils
[manufactured] from them.

29 A155 Ob
ZAKAH ON STOCK (‘URUD)

Lgied Sab SCS Le ASIF Bled Yoo 6 Sal y ISH
SLM el Aad adil go Le Lyegds 0a gh Gy gl gy bbe
OB a ol AIK a 5&1 Sls abil Am) awa gil SIS 9 clgus
AR) AF JB 9c peakl 3 SA AIL oh poll pe ol Al
Je JS be pall § sali Sy DLs abil
Zakah is obligatory on goods [held] for trade (‘urud at-tijarah), whatever
they may be, when their value reaches the nisab of silver or gold. It is valued,
according to whichever of the two is more beneficial for the poor and the

destitute.

Abu Yusuf, may Allah have mercy on him, said that one should evaluate
it with what one purchased it; if he purchased it with something other than
money, it should be evaluated in the predominant currency in the city, but

Muhammad, may Allah have mercy on him, said that [it should be evaluated]
in the predominant currency in the city under all circumstances.

oy bed slats Jot! Gob BUS led! of 135
ail y 25) Se pall Aad ey 9 SIS 5S! hd Y US
gh ue Glad ay > Al dal L) Colll 2, WIS
PAN peda Ys SUS alll Lge Vy DLs al ary die
ASAVL dey 9 ded dail J

When the nisab is complete at both ends of the year,!”’ its falling below

[the nisab] in between that does not cause [the obligation of] zakah to
lapse. 1°

The value of the stock is to be added to the value of gold and silver, and
likewise, gold is to be added to silver, with [regards to] value until the nisab
is complete, according to Abu Hanifah, may Allah have mercy on him, but
they'®! said, may Allah have mercy on them, that gold is not to be added to
the silver in value, but [that] it is to be added in portions.!°

Dey & oy SSIS 5 Ob
ZAKAH ON CROPS (ZURU®) AND FRUITS (THIMAR)

PdlopSy SM aie Sie 5 3 :Wlary dium gl JE
ely LLIN eld atin ol le caw claw Gols
(peloF SY ral Lge oF 9 Gere gl SE, Seeds
Ogee Gale Gugl dae Cobh 131 BL af dL 3 YI
plug ade all be ol ple lee

Abu Hanifah, may Allah have mercy on him, said that a tenth (‘ushr) is
due on'®’ whatever the land yields whether little or much, irrespective of
whether it was irrigated by flowing water!** or the sky watered it,!°°
firewood, bamboo and grass.'°°

Abu Yusuf and Muhammad, may Allah have mercy on them, said that
‘ushr is not obligatory except for that which has lasting fruit, [and that is]
when it reaches five awsuq.

One wasq!”’ is sixty sa‘s,‘°° according to the sda‘ of the Prophet «.

except

au beg «he MS al Lg LPs Sly pad 8 neds
gl By cdg be tall Cia aad ALL gl ASlo gl Ow
EF edly OL se MS Gg Ve Bs Shs all amy ays
Oa ab 13) dal CA: SLS alll at) ree Jy «desl
dud (hail 3 wel at a, ad be Jel oye Jlbel Aut
cliol ud Gl aes)! 39 Slat

According to [Abu Yusuf and Muhammad], may Allah have mercy on
them, there is no ‘ushr on vegetables.

There is half of a tenth (‘ushr),'°’ according to both verdicts,'’° on that
which is watered with large buckets, a water-wheel or a water-drawing
camel.

Abu Hanifah, may Allah have mercy on him, said that of those that are not
measured by the wasq, like saffron and cotton, the tenth (‘ushr) becomes
obligatory when its value reaches the value of five awsuq, according to the
cheapest [crop] that is [evaluated] under the wasg [method of measurement].
Muhammad, may Allah have mercy on him, said that a tenth becomes
obligatory when the produce reaches five units of the highest [unit] that is
used to determine its category. Therefore, for cotton, he took five loads!”! [as
the standard] and for saffron, [he standardised on] five maunds (mann).'°*

gh SB9 GS gh $5 pall Gay) ye SETI dl all bs
S89 SBI Bho Ald so ade iY: Me aller) any
Wey b SG g dees Bal GL SALA: Ths alae ue

PS CB ul oe GIES eds SLL

From honey, be it little or much,!’° a tenth is due when it is acquired from

land that is [also] subject to ‘ushr. Abu Yusuf, may Allah have mercy on him,

said that there is nothing [due] on it until it amounts to ten azqdq,'”* but

Muhammad, may Allah have mercy on him, said [that there is nothing due

from it until it amounts to] five afrag. One farag is thirty-six [Iraqi] ritls.
There is no tenth due from the produce of kharaj'”? land.

398 Y yey dl RBA abo 594 Ge Ob

THOSE TO WHOM IT IS PERMITTED TO PAY
ZAKAH AND THOSE TO WHOM IT IS NOT

PERMITTED
Those Entitled
@ al... ae tally e\5 Aa) SNL AN ry @: SS all Jb
SS AU! OS age gid AGLI gee Le stra thod Agha
res gely OLY! jel
Allah # said:

“Zakah is for: the poor, the destitute, those who collect it, reconciling
people’s hearts, freeing slaves, those in debt, spending in the Way of
Allah, and travellers. It is a legal obligation from Allah. Allah is All-
Knowing, All-Wise.”

(At-Tawbah 9:60)

These are eight categories, and of them, “al-mu’allafati qulubu-hum —
those whose hearts are to be reconciled” has lapsed because Allah # has
honoured Islam and freed [it of need] of them. [The remainder of the seven
categories are: |

: bolle ca) aoe y Ce: Sell g ceo ol a) cet pial s
Ole, OF BS by caer jah ee Of ple! ag aba
AN Jams 39 cgp> 05 Ge aybally cael BG 6) g SISA
B29 ateg 3 Ske d MIS es Seed uly cBlpall alate ;
aie SN LM g ISN ole odd 43 al eg YS) IS
Joly bre Ne parts JI aly aegis tole JS
1. The poor person (fagir) is someone who has very few things.

2. The destitute person (miskin) is someone who has nothing at all.

The one who administers zakah (‘amil) is [someone] whom the Imam!“

. pays when he carries out work [in the administration, collection and due
disposal of zakah] according to how much work he has done.

4 Slaves (fi’r-rigab) are the mukatab [slaves]'’’ who are to be assisted in

' securing release from their bondage [of slavery].

. The one in debt (gharim) is someone who is obligated with a debt.

In the way of Allah (ft sabili’IIah) is someone who is prevented [by
‘ poverty] from struggling in the cause of Allah.

7 The wayfarer (ibn as-sabil) is someone who has wealth in his own land
‘ but he himself is currently in another place in which he has nothing.

These are the avenues of zakah. The owner may pay to all of them, or he
may limit [the payment] to only one category.

Those Not Entitled

= i acid ME cota Al GSO) hd ON? ‘
AR, Vy toes le de Yo 9d I SG eee Obst Vy
SM ba Vy SFM) SO Vy RS AS GH WY oe ly
Yo hae od) 9 oly Wy 9 oy My Me SI g cdey aul Ll ail;

Leena DBL MM 5.5 Vy ail al WY goto dl gailaey al Ul
Nine
a} e505: DLS alll Leary VEy SLs Waa, dace yl uc

1. It is not permitted [for anyone] to pay zakah to a dhimmi,
2. Nor should a masjid (mosque) be built with it,
3. Nor a deceased person be shrouded with it,
4. Nor a slave bought to be set free,
5. Nor should it be payed to a wealthy person.
The one paying zakah (muzakki) is not to pay it to:
6. His [own] father, grandfather, however high,
7. His lown] son, grandson, however low,
8. His mother, grandmothers, however high, and nor to
9. His [own] wife.
The wife is not to pay it to her husband, according to Abu Hanifah, ma

10. Allah have mercy on him, but they,'’? may Allah have mercy on them,
Said that she may pay [it] to him.

NS 13) ge a9 ge 5 gle Vo aS gle Vo aul J! Ls
por Jig ls Sy de SI: ty tle oD) ad Vy lee
weal eg ted A Op Sle Slo Jute Sle

One does not pay it to:

1. His own mukatab [slave],

2. Nor his slave [in his ownership],

3. Nor the slave owned by a wealthy person,

4. Nor the son of a wealthy person if he is a minor.

One does not pay it to Banu Hashim and they are:
1. The family of ‘All,

2. The family of ‘Abbas,

3. The family of Ja‘far,

4. The family of ‘Aqil,

5. The family of Harith ibn ‘Abd al-Muttalib,

6. Nor their freed slaves.

Sey Sols 33 p23): Das al gary tery dain gl JBs

i.
-

JB) dalle 3 abo gl BIS ol cobble ol go al Ob i | yd ale,
Ae) Kawgy gil SWS9 cade dole| M2 aul ol og A) Ok i Ae
shore ail gle gS abut S| ado dy dole ates: Ibs all

Lane obs 3 5A J a5

Abu Hanifah, may Allah have mercy on him, said that if one pays the
zakah to a person believing him to be a poor person, and then it becomes
clear to him that he is wealthy, or [pays it to] a hashimi, or a disbeliever
(kafr), or he gives it to a poor person in the dark and then it becomes clear to
him that it is his [own] father or son, there is no [obligation] upon him to pay
again, but Abu Yusuf, may Allah have mercy on him, said that repayment is
[incumbent] upon him.

If one paid it to a person and then realised that he was his [own] slave, or
his own mukatab [slave], such payment is not valid according to their
verdicts, all of them.!””

599 IT Ske gl ye bled ele ye LISI abo 5g Vo
0S 9 clans ree IT Og US spe JBI We yo SN gas
VY geb eB JS Bre GS Lg ST ab Mab ye ISI JB

43) col oe 98 AI ol 5 dl OLY! lie ol cs ol

tly bal oy

The payment of zakah is not permitted to someone who owns nisab in any

[form of] property whatsoever, but such payment is permitted to be made to

Someone who owns less than that, even though he may be healthy and
earning [an income].

The transference of zakah from one land*”” to another land is disapproved

and the zakah of each group is to be distributed within them,7"! unless one

needs to transfer it to his [deserving] relatives or to a group who are needier
of it than those of his own land.

ed)! Bre ob
SADAQAT AL-FITR

jah QL OIF 131 whehl AI de dels bd\ Bie

Ohne 9 Ao deng Awydy ailily als y Kine Ge Wl Gla)
Aas) duty slaralosdgl yoy uni 56 U3 ¢ 4 dors
Vy cae S1gS Oly LT org] ge Vy amg) Ge Go Ys
OR pI Qe dedly Blea BYE ge Wy al ge 74
PIS ons 5 dell Lill sos 9 clegie toly de d,b5 9

The sadagat al-fitr (or fitrah) is incumbent upon every free Muslim, when
he is the owner of the amount of the nisab over and above his residence, his
clothes, his assets, his horses, his weapons and his slaves kept for personal
service [not for sale].7°7

He pays it on behalf of himself, his minor children and his slaves who are
kept for service, but he is not to pay it on behalf of his wife nor on behalf of
his adult children, even though they may be among his dependents.

He is not to pay it on behalf of his mukatab [slave], his slaves kept for

trade or the slave shared between two partners and there is no [obligation of
paying] fitrah on either of the two [partners].
The Muslim pays fitrah on behalf of his non-Muslim slave.

The Amount of Fitrah

ged howd sl fe gle slp ge ple ia: bball
Sth | Age QS all Lgry set 9 dtue Gl we cll,
N59 Sibel due: TLS all amy Cag ol SEs alah
sell og: oe GUI pal ¢ gly glen bd gm 99 Jey
& glle day Ny ol ghel yey aid OF J WS JS Oe yd
52 Sylaall ol G A Ol Coteally ibd 4) pl
Sle ell og: bS legos O8 hell d) e931 Jo ball
eal! age OSs bkS J Ld ey ge ley Sl oly

The [amount of] fitrah is one-half sa‘ of wheat, or one [full] sa‘ of dates,
raisins or barley.

The sa‘, according to Abu Hanitfah and Muhammad, may Allah have
mercy on them, is eight Iraqi ritls, but Abu Yusuf, may Allah have mercy on
him, said, “[One sd‘ is equal to] five ritls plus one-third of a ritl (5.33 ritls).”

The obligation of fitrah is connected to the rising of the second dawn?”
on the Day of Fitr.

Whoever dies before that, [the payment of] his fitrah is not obligatory
[upon him], and whoever becomes Muslim or is born after the dawning of the
fajr, his fitrah is not obligatory.

It is recommended for people to pay out the fitrah on the day of fitr,
before proceeding to the place of [‘Id] prayer, but if they have [paid] it in
advance before the Day of Fitr it is valid, and if they delay it till [after] the
Day of Fitr, its obligation does not lapse and its payment is [still] obligatory
upon them.

SAWM — FASTING

Types of Fasting (Sawm)
Gey be ave: Ob pn ol SE Seig Cela: ob_e ppl
oe Ae A292 jomd Gall idly Olas) oped ate Ok},
M93 yg aig eA alot nel ae ge J OW Jal

Fasting (sawm) is of two types:

1. Obligatory and

2. Supererogatory.

The obligatory [type of fast] is of two types:
Of it is [that] which is connected to specific time, like the fasting of
Ramadan and of specific vows (nadhr). Its fast is permitted with an

. intention formed during the night, and if one does not make the intentio1
until the morning, the intention [made] between that [time] and the
declination of the sun [from its meridian] is sufficient for him, and

AN Sg Glizey Lead oN Gos be: GUI,
DB ye HAS 9 Salle A VW dee 5 9 BOLLS;
Sty SW SS Aw 59H lS Jarl
The second type [of fast] is [that] which becomes necessary to fulfil, lik
the gada’ of Ramadan, the unrestricted vow and [fasting for] expiations

* (kaffarat). The fasting of this [type], and likewise, the fast for zihar,~°* i
not permitted except with an intention [formed] during the night.

As to supererogatory [fasts], all of them are permitted with an intention
[formed] prior to the declining [of the sun].

Ramadan Moonsighting

oe pally auld esd! SIMA! Lgnath ot Ht a »
ep GSE Satie | gla gale 95) pl geboosl SBolas
olay! Jets 3 Sls ple odey Gliaey Soe ch 329 dlyale «
3 Sra sol S dole eleyl Jb ale eld 3 OIE 13] 9 ads
BGK J OB Mae a! IT Lm all gl UIT Mey IMAI A 5,
dpe lal ads 6S ar olp so sales [si J dle oll
oy t WSU pull g lh Ge 5 p peal Sos

It is incumbent upon people to seek the [new] crescent on the twenty-ninth
day of Sha‘ban.*”° If they see it, then they fast [the following day], but if it is
concealed from them, they complete the period of Sha‘ban as thirty days.
Then they fast [Ramadan].°°°

Whoever sees the crescent of Ramadan by himself, is to begin fasting,
even if the Imam?’ does not accept his testimony.

If there is an obstruction in the sky, the Imam accepts the testimony of a
single honest person for the sighting of the crescent [moon of Ramadan], be
that person a Man or a woman, freeman or slave, but if there is no obstruction
in the sky, the testimony is not accepted unless a large group [of people] sees
it,-°? upon the reporting of which [definite] knowledge can be based.*°”

The timing of the fast is from the instance of the dawning of the second
fajr until the setting of the sun.

Ad ae ble pLtlg ols JS pe SasYl: gr epally

The Meaning of Fasting
Fasting is:
1. Abstinence from:
1. Eating,
ii. Drinking, and
ili. Sexual intercourse,
2. During the day,
3. With intention.

Ole «jee J LOG pole ol Od ol ailell ITI Obs

C = + : * 3 email =! ~ Nae! e

SOS gh poco! ol aol sh J 3G ail yet D1 ol ob
yaw J 3 9)

Miscellaneous Issues Pertaining to Fasting

If the person who is fasting (sd’im) eats, drinks or has sexual intercourse
out of forgetfulness, he has not broken his fast. [Similarly] if he sleeps and
has a seminal discharge,~!? looks at a woman and ejaculates, applies oil [to
his body], undergoes cupping, applies kohl, or kisses [a woman], he has not
broken his fast.

PLY g cade BUS Vg Ledll adad jab gl dd JT ob
sk, DOS 9 and de gal 15] LDL

If he ejaculates because of kissing or touching, then he is obligated to do
gada’, but is not obligated to expiate it. There is no harm in kissing if one is
in control of oneself, and it is disapproved [to kiss] if not in control of
oneself.

Adad dod Wo luole clitul Ole phe Je al acy Oly
9239 hil 8 3h gl od gl dled alia! (yey Lal

If vomiting overwhelms him,*!! his fast is not broken, but if he
deliberately induces vomit such as fills his mouth, then gada’ is [due] upon
him.

Whoever swallows a pebble, a [piece of] metal or a pit,*!* has broken his
fast and makes up [the fast by way of] gada’.

Ay GAR Le Go gl JST gh ed tol B lrcle pole yey
SLES 9 cL aadl adlad ag glan ol

Whoever deliberately:
1. Has sexual intercourse in either of the two passages, or
Eats or drinks that by which nourishment is acquired or by which his
‘ medical requirement is achieved,

is obligated to [make up the fast by] gadda’ as well as expiate it.

JI BUS fhe: BUS,

The expiation [of fasts] is like the expiation of zihar.*'°

Ade BUT Vo Lad! adad Jl Earl O92 bed ale Oy
Whoever has sexual intercourse in other than the vaginal passage (farj),7!*
and ejaculates, then gadd’ is due upon him but no expiation is due upon him.

BS SLaey pe 3 epall Lb! 3 pads
There is no expiation for violating a fast outside of [the fast] of Ramadan.
Hal gl dale Golo gl a3) & Le) gi Lament ol atm l oe

sail ab Leo gh adg> MI regs by el gr

Whoever takes an enema,~!° sniffs [something through his nostrils], pours

drops into his ear, treats a body cavity or a wound with moist medicine and it
reaches his stomach or his brain, has invalidated his fast.*!°

AU agar) ety dim yluc phi, J aldo! 3 jb5! ol 5
pete: SS lary args gil Sb MLS

If one pours drops [of medicine] into his urethra, he does not break his
fast, according to Abu Hanifah and Muhammad, may Allah, exalted is He,

have mercy on them, but Abu Yusuf, may Allah, exalted is He, have mercy
on him, said that he does break the fast.

ON BL yal 0S 9 WS 4} SG 9 ped J aad yd GIS 309
by SE aN sas ay wee he HIS (SH cb tal BSE
at, Y US peaeg yp aie LB ONS 13} elabell ene wae
OS 9 lal

Whoever tastes something with his mouth, does not break his fast, but it is
disapproved for him.

It is disapproved for a woman to chew food for her child, if there is
[another] way out for her.

The chewing of gum does not make the one who is fasting break the fast,
though it is disapproved.

ail aye dlo3) ele bo] GES Slag b La + OF yy
Ql» que) Ae 94228 egal pew y | alive MS O\ 9 (ods
Lae Je ley SLAM gl ar Mok ly Sle pads bil
Ble ob BLAM o\s\ 3h eM roe Ola «eLall Leash
AclBY | 9 Aoua)| yh PaUe-¥-}\ Lg 3
Whoever is ill in [the month of] Ramadan, and fears [that], if he fasts, his
illness will intensify, should not fast and [he] performs it as gada’.
If one is a traveller, who is not harmed by fasting, then that he fast is

better, but it is permitted for him not to fast but to delay the performance [of
the fast].

If the ill person or the traveller dies, and they were both in that state [of
illness or journey], gada’ is not binding upon them. If, however, the ill person
recovers [from his illness], or the traveller becomes a resident and, thereafter,
they die, gada’ is binding upon them to the extent of the duration of their
becoming well or adopting residence [respectively].*!”

JRO gm bl OB aa LE Oly 5,5 LE OI Olas, cLady
Agle 2.43 Vg ode J 9 59 GUI Obes, ele +1 Olas)
[With regards to] the gada’ of [the fasts of] Ramadan, one may separate
them, if he wants, or if he wants, he may perform them successively. If one
delays [the gada’| until the following Ramadan begins, he should fast the
second Ramadan and perform the first [Ramadan’s missed fasts] by way of
gada’ after it, and there is no redemption (fidyah) due from him.
Lndad 9G Ldl Lp ws ol Lgl be WEE 15] ae phly jolt,
Lege 4.48 Vy
When a pregnant woman and a breastfeeding woman are apprehensive for

themselves or [for] their child, they break the fast, and fast by way of gada’,
and there is no redemption due from them.

052 IS pale: 9 hi: elvall de ae Y Gil Gal Il

The decrepit old person who is not able to fast should not fast. He should
[instead] feed one needy person for each day [of missed fasting] just like one
would feed for expiations.

JSS Ady aie pabl ay cogld Sliae, Lab alley Ole ys
pee gl of ye lele sl» rele waa) Lewes 92
Whoever dies and the gada’ of Ramadan was due from him, and he had
put it in his will, his executor (wali) should feed on his behalf one destitute
person for each day [missed] a half sa‘ of wheat or a sd‘ of dates or barley.
Whoever begins a voluntary fast and then violates it, should make it up by
way of gada’.
Legge Andy Kamel Garey 8 SIS! whe 3 sl ae 131 5
ge lb yak dy ody Loy
When a minor attains [the age of] majority or a non-Muslim becomes
Muslim in Ramadan, they abstain [from things that nullify the fast] for the
rest of [that] day of theirs, and they fast after that [day]. They do not make up
by way of gada’ whatever [fasts] have passed.*!°
LEM Ad Stem SI aod pad J Olas Bade ctl yey
ge bs (92 Olas) ee 3 O god Sul 3} 9 oda le (gards
H le ele 94%
Whoever is overcome by unconsciousness during Ramadan does not make
up as gada’ [the fast of] the day in which the unconsciousness took place, but
he should make up as gada’ whatever [fasts] come after it.
When the insane person recovers [from his insanity] for a part of
Ramadan, [after Ramadan] he should make up by way of gada’ whatever

[fasts] have passed, and he should fast whatever [days] remain [in that
month].

co pple 13) By bedhead ol ol MI Ccle 151g

When a woman menstruates or enters the postnatal period, she should

break her fast“! and make it up by way of qada’ when she becomes pure.
Oe Renal Ul paw 3 LI Sygh gl SLI! 045 131 9
Lege 5 A) wl pad lo ells)!
When a traveller arrives [at his destination], or a menstruating woman
attains purity during [any] part of the day, they should abstain from food and
drink for the remainder of [that] day of theirs.
OV Se 99 pled ol alle, 3 ell ol gle 09 mud yep
etl OF gl alle 2B IT el OF AS SB Ce gb nell
ale BLS Vy e531 3 925 os |
Whoever wakes up for the pre-dawn meal and believes that fajr has not
yet dawned or breaks his fast believing that the sun has set, and then it
becomes evident [to him] that the fajr had already dawned or that the sun had

not yet set, should perform [one fast] as gada’ for that day, but there is no
expiation due from him.

‘Id al-Fitr Moonsighting
Hale clad col 13] 9 jeds Jodog bedi Jacl es
O19 Lely Joy gl yey Saige YI Leal Jobe 3 oLey Le
wayse ball ais dele dale! ois J ale Lith 3

Whoever alone sees the crescent of the [‘Id of] fitr, should not break his
fast.

When there is an impediment in the sky [which hinders the sighting of the
moon], the Imam should not accept for [the sighting of] the crescent of the
[‘Id of] fitr anything but the testimony of two men, or one man and two
women. However, if there is no obstruction in the sky, he should not accept

anything except the testimony of a group by whose reporting [definite]
knowledge comes about.

AIRY OL
I‘TIKAF — SECLUSION

Ag egal ae denall S alll gg cuotins IK |

AIK
I‘tikaf is a recommended [act and it is [defined as] staying inside the
221

mosque,~~~ with fasting and [with] the intention of 1 ‘tikdf.

] 220
3

Alay J531 OL y ALD y juallly edogll kKaall Je 94s
clad) ales adlKeel wud pub ol
Sexual intercourse, fondling and kissing are forbidden (haram) for
someone in i‘tikaf (mu‘takif), and if he ejaculates due to kissing or fondling,
his i ‘tikaf is nullifed, and [making it up by] gadd’ is due from him.
oS Vy Ball pat OI pe ye toed 3 ples ae ab
Crea)! a) oS 9 pee Yi
Someone who is in i ‘tikdf is not to leave the mosque except for a necessity
or for the Jumu‘ah (Friday prayer). There is no objection to him selling and

buying in the mosque without making the goods present [in the mosque]. He
should only speak of good [things], but total silence is disapproved for him.

25\Keel fla lnole gl LUG Ile gl SY Uaeall pale obs
gh ue a8IRiel aud ghe py dele soul ye cS ly
com dene Vs DS al Lge VE» Lhe alll AP) Aas
@ 5, Bad Sy0 F515 9S
If someone in i‘tikaf has sexual intercourse, whether by night or by day,
forgetfully or deliberately, his i‘tikaf becomes void. If he leaves the mosque
for a moment without a [valid] excuse, his i‘tikaf becomes void, according to

Abi Hanifah, may Allah have mercy on him, but they,*** may Allah have
mercy on them, said that it is not void unless it is for more than half a day.

LS YalKee! 403) all HIKce| aati Je coal cyy
ed all bits 3) y dale IS

Whoever binds himself to the i‘tikaf of [a number of] days, their 1 ‘tikaf

along with their nights is binding upon him, and they are to be done
consecutively, even if the consecutive order is not stipulated in them.

HAJJ — PILGRIMAGE

The Stipulations of Obligation
lowe | eh GIL roll GaSe Cele: od
Are de Y Lag QS ye SS dle My obj) de by 93 13}
Lal 32 all Sy onge Ge Sl alle 288 oes
Hajj is obligatory on free Muslims, who are adult, sane and healthy, when
they are able to get provisions for the journey and a mount [for travel], over
and above [the cost of their] residence and of what is unavoidably needed,

and over and above maintenance expenses for their families until the time of
their return, and [as long as] the route is safe.
Ys cad lle HF BOS SNM & S es
lacles
It is required with respect to a woman that there is a mahram?*? or her
husband to be with her, who perform the hajj with her. It is not permitted for
her to perform the hajj without [one of] these two if the journey between her
and Makkah is three days or more.

43) gh Bat Ob

MAWAQIT — GEOGRAPHIC LIMITS

Jad Le VOLO laj glee I 554 Y AI St phly
Abad Lill Lag «5 p6 O15 BL all Jay dad 93 dnl
ode Le al > Yl e43 OB che Gel Jy 603 seul Jay
OWS yay SAN aSined CoS gl tay IT yey Sle Cal oll
JPN Byes By eA Al B ilies IX

The mawaqit7** (limits) that a person is not to cross except as a muhrim
(someone who is in the state of ihram):

1. For the people of Madinah, it is Dhu’l-Hulayfah,

2. For the people of Iraq, it is Dhat ‘Iraq,

3. For the people of Syria, it is al-Juhfah,

4. For the people of Najd, it is Qarn, and

5. For the people of Yemen, it is Yalamlam.*

If someone adopts the state of ihram before these mawagit it is
permissible. Whoever [resides] within the mawadit, then his miqat is [at] al-
Hill.**° Whoever is at Makkah, then his migat is the Haram [itself] for the
hajj, and it is al-Hill for the ‘umrah.

Ihram — the Hajj Costume
Sail Juss Lagi ol Suck ol pW olf 51 5

When one intends [to enter the state of] ihram, he takes a ghusl or
performs wudu’, [but] ghusl is better.

Ol Lede neg cology LIS) sodlent gl Gate Oud Gals
: SBs eS) beg ad olf

One dons two new, or washed, garments, a wrap for the lower half of the
body (izar) and an upper covering (rida’), applies perfume, if he has any, and
prays two rak‘ahs and says:

. Pao aa ee at 4 : : si
go alg bod AA) 5! I eel

“Allahumma innit uridu’l-hajja, fa yassir-hu It, wa tagabbal-hu minni — O
Allah, I intend to perform the hajj, so make it easy for me and accept it from

bP]

Talbtyah — the Hajj Chant
Thereafter, following his prayer, he says the talbiyah.
Sf OF Ap y eqAl ated 655 AL layde UIT OG

If he is performing the hajj alone [as ifrad/ then he intends by his talbiyah
the hajj, and the talbiyah is to say:
JY S555 AL) 3) AS A, SY AS Sd sgh Ses
Af A, SY Ally
“labbayk’allahumma_ labbayka, labbayka la sharitka laka, labbayka,
inna’l-hamda wa’n-ni‘mata laka wa’l-mulka, la sharika laka — here I am, at
Your service, o Allah, here I am at Your service. Here I am at your service,

You have no partner, here I am at Your service. All praise and all bounty is
for You, and all sovereignty. You have no partner.”

Sle Wyd 215 OB SLI) ode Gy eos JH Ol Lae Vo
It is not desirable to leave out any of these words, but if he adds to them it
is permissible.
Prohibitions for the Muhrim
Squnidlg E83 gye are abl og le Gadd pol ud (3 138
Jia2\9
When someone says the talbiyah, he has entered ihram,**’ and so let him

abstain from whatever Allah has prohibited of obscenity, immoralities and
quarrelling.

ade Joo Vo ad pie Vo lane Ine Vo

He should not kill prey, point [someone] towards it, nor direct [Someone]
towards it.

Yo eld Vo Squld Yo dole Yo fo ol pw Vg Leeds Vo
Cpe Jeol oye ygabedd Gab at Y OI as

He should not wear a shirt, trousers, turban, cap, an outer garment or
boots, unless he does not find sandals — in which case he is to cut them below
the ankles.

Lede pas Vo ctgoe SI duly dae Vy

He is not to cover his head or his face. He is not to apply perfume.**°

opie ye Vy aed Gye yaks Vg cai pad Vo uly gle Vy
He is not to shave his head or the hair of [any part of] his body.**?
He is not to trim his beard or his nails.
OI aes Vy OL te Vo Hyg Ener bt Gah Vy
reel ity ed 35S
He is not to wear a cloth dyed in waras (a yellow dye), saffron or
safflower, unless it is washed and the colour does not exude.*?2

Allowances for the Muhrim
Jordy cod: Jee 9 elt Joo 9 dace ob Hb Ys
lye aban 3 A »

There is no objection to taking a bath, entering a public bath, seeking
Shade in a room or under a canopy, or tying a money-belt around the waist.

pled ed Vy auly luce Vy
He should not wash his head or his beard with althaea.?~!
Jae gi Bt Me LISs Sl olsll Cute AS Ge WD 2
deo Ths WS) dl bls
He should chant the talbiyah plentifully following the prayers and

whenever he ascends a height or descends [into] a valley, meets a group of
riders, or at the time before dawn (sahr).*°

IFRAD

Tawaf al-Qudum — Circumambulation upon
Arrival*”’

gS CaS ple 1518 etl seedl lag! Ake Joo 138

ae ards aby 9 jhas 1S 9 aliruls S guy Fh laa ob Shas
we ble 535) Je os paral S| aldy ackinly ANSI

Bola d AUS JS ela) dad! by OW! b ke ans ys S|
bigSl Aecwtall

When one enters Makkah, he begins at al-Masjid al-Haram. When he sets
his eyes upon the House (the Ka‘bah), he says takbirs (allahu akbar) and
tahlils (la ilaha illa’llah), then begins at the Black Stone (al-Hajar al-
aswad); he faces it and says takbirs and tahlils, whilst raising both his hands
with the takbir. He should salute it and kiss it if he can, without causing
annoyance or harm*** to any Muslim. Then he begins with his right side that
is adjacent to the door [of the Ka‘bah], having before that placed the top sheet
of his upper covering sheet under the right shoulder and over the left shoulder
(idtiba‘),°°° and circumambulates (in tawdf) the House in seven circuits.

JED Li g251 3 Jay edablelyy ge adlsh bats
gated Shy pe LIS atl colton 9 atin Ne od Led ott 9
eran 81 shall ces

He makes his circumambulations outside the hatim-’® and trots (ramal)*?’
in the first three circuits and walks in the remainder in his normal gait [with
stillness and dignity]. He should salute*** the [Black] Stone each time he
passes by it, if he can, and end his circumambulation with saluting [the Black
Stone].

cdowall ye pad be Lee gl aS ocr bead olall 3b od

as ped >| y ond Aiw gig a9 Aa)| W9\ gb 9 glad lias
eral 91 gl ds al

Then he comes to the Station [of Ibrahim] and prays two units at it, or
wherever within the Masjid it is possible.

This tawaf is the tawdf al-qudiim,**’ and it is sunnah, not obligatory.
There is no [requirement] for the residents of Makkah [to perform] the tawaf
al-qudum.

Sa‘y — Going Vigorously and Quickly~”’ Between
Safa and Marwah
Shoo S29 Cel Jeti 9 ale tnad eal J) oF
aca l2 SL alll gens 9 plang ale alll he cll be er s
Then one proceeds to [the mount of] Safa and ascends it. He faces the

House, says the takbir, asks for blessings on the Prophet and supplicates
Allah, exalted is He, for his needs.

Sl gl les J] ak 158 ate Se (ott y by tI god eee
Lgele tayad By MN GL cm bee oe pad ll ye Qe
Vy bl pl dae Boles bgt lag eal! fo LS LS Jabs s
09 Ab As eell
Then he descends towards [the Mount of] Marwah and walks at his
normal gait. When he reaches the middle of the valley, he goes quickly and
vigorously between between the two green lines, until he comes to [the
mount of] Marwah and ascends it. [Here] he does as he did on Safa. This is

one circuit. So, he performs seven circuits, beginning at Safa and ending at
Marwah.7*!

JB OWS NS) 9 cal LA WIS Cay Bled LF IR ade oS
98) led Wl pla, Aes ell LS 92 22 9 Al eg2
O52 yell Le 151d AcE 9 29539 Ole Sally de J)
BBE oy peril ear go ke ely oe gS de A
Le pate Oe Stet

Then he remains in Makkah in ihram, circumambulating the House

whenever he wishes.

One day before*** the day of tarwiyah,**? the Imam delivers an address““*

in which he instructs people about the departure to Mina, the prayer at
‘Arafat, the standing [at ‘Arafah] and the [tawaf] al-ifadah — the
circumambulation of ‘pressing on’.**°

When he has prayed the fajr [prayer] on the day of tarwiyah in Makkah,
he moves out towards Mina and remains there until he has prayed the fajr
[prayer] on the day of ‘Arafah. Then he heads towards ‘Arafat and stays

there.

Staying at ‘Arafah
whe, Bgl JS yeided hed b Vol ALTE Gans pally
Det! cng Adaplly Bye Gly Eglall Led HU
3 padly ll oe dee BLS Globe GEly poly
cecal 9 SISL gall 25,
On the day of ‘Arafah, when the sun declines,““’ the Imam leads the
people in the zuhr and ‘asr [prayers] beginning with the address; he delivers
two addresses prior to the prayer in which he teaches people the prayer,
stopping on ‘Arafah and Muzdalifah, pelting [with stones] at the jamrahs, the
sacrifice (nahr), shaving [the head] and the tawaf az-ziyarah (the

circumambulation of visiting). He leads them in zuhr and ‘asr, within the
time of zuhr, with one adhan and two iqgamahs.

Leds Legis Btely SS be onmg ale) 3 yah! Leo yey
Lge) dots Lawes gl Sy li alll amy dace Ul ve

Whoever prays zuhr in his own camp on his own prays each of them at its
time, according to Abu Hanifah, may Allah have mercy on him, but Abu
Yusuf and Muhammad, may Allah have mercy on them, said that the person
who performs the prayer separate from the congregation (munfarid) combines
them both.

246

Sig WS C69 hd ph ES ih Jang
43 6 Sykes |

Then he heads towards the station (mawgif)**’ and stays close to the
Mount [of Mercy (Jabal ar-Rahmah)]. Apart from Batn ‘Umrah, the whole of
‘Arafat is a [ritual] station.

ll larg see 9 ale ly Ne 4b) a S| eEW arr 9
cles Bags 9 dda 5593 Jb Jace GI cote 9 dll
The Imam ought to stop at ‘Arafah on his mount, to supplicate and
instruct the people regarding the rites [of hajj].

It is recommended to take a bath prior to the staying at ‘Arafah,**° and to
exert oneself in making supplications.

Staying at Muzdalifah

Fo ee Le dre obs LY USUI nett oo UF LU
SAN JA pe hye OT oe g le Ohad Adj gh
elas! s ws alll wh ely pee 9 cS a) Je NaS Abs

SES BAN BAM be yey All 5 Sl Leal o8y
BLS al Lgey sets dige Yl vc

When the sun has set,**? the Imam and the people with him pour forth at

their normal pace until they come to Muzdalifah, where they alight. It is
recommended that they alight close to the mountain upon which is the hearth
(migadah) called Quzah.*”°

The Imam leads the people in the prayer of maghrib and ‘isha’
[combined] at the time of ‘isha’, with an adhan and an igamah.

Whoever prays the maghrib [prayer] along the way, it is not valid
according to Abu Hanifah and Muhammad, may Allah have mercy on
them.*°!

eed 89 whey ers pul eed be dl abe 133
pe Cle VI a ge LIS Atlas g : Lend ane wlll Vids g

When fajr dawns, the Imam leads the people in the fajr [prayer], during

the dark period of the night (ghalas). Then the Imam stands, and the people
stand with him and he makes supplication. The whole of Muzdalifah is a
Station (mawgif) apart from Batn Muhassir.

Mina

oH iol Ce wt & gle bo ane pldls ey bi =
ee Shae ane Sal ll gle Gs gr 19 Antal 0 pore (Odio
plat, 9 Laas Lab Vy Blam JS ae Qo 9 SAD slae
Blam Jl eaiccons
Then, before sunrise, the Imam and the people with him pour forth until
they arrive at Mina. [Here,] one begins with the jamarat al-‘agabah, pelting
it, from the bottom of the valley, with seven stones like small chips of gravel,
with every stone pronouncing the takbir. One does not stand next to it [but
keeps moving forwards] and discontinues [saying] the talbiyah with the first

stone [throw].

a) J> 5, Leal Gy nab ol ght bol OTE
clust Net SS
Then, if he wishes,~°* he slaughters [an animal] then shaves [his head] or

trims [his hair], but shaving [the head] is better. [Now,] everything has
become lawful for him except (sexual intercourse with) women.

Tawaf az-Ziyarah — Circumambulation of Visiting~”’

Behe all ee ye gl ll je gl 3 age ye I Sh od
Lendl ye ae OW OW Lig tl daw OLB Gleb CHIL
ae Vy Bi gbll lhe 3 Jey 3 egrdll Glob ude by Mle
cha aun 9 51 shall in 3 Jey aut! tb 9S JO! y ale
Ludl a} Jo ddg lists Le fe
One then comes [back] to Makkah on that day of his or the day after or the

day after that*°* and circumambulates the House [for] the tawdf az-ziyarah
(circumambulation of visiting), [which is] seven circuits. If he had performed

sa‘y between Safa and Marwah after the tawadf al-qudum (circumambulation
of arrival) he does not perform ramal with this circumambulation, nor is there
sa‘y due from him. If he had not performed sa‘y [after the tawdf al-qudum],
he performs the ramal in this circumambulation and performs sa‘y after it, on
the basis of what we have mentioned earlier, and [sexual intercourse with]
women has become lawful to him.

che Se 0d 0S 5 tl Bos pAll 92 igh! ling
Vy SWS alll ary dase Gl ue pa des) ne od) O18 oLNI
Le pate Ge Dl aga gb cade gh Vs DLS all Lg,
This is the circumambulation which is an obligation in the hajj. Delaying
it for more than these [three] days is disapproved. If he delays it beyond that,
atonement [by sacrificing an animal] is binding upon him, according to Abu
Hanifah, may Allah have mercy on him, but they,*?? may Allah have mercy

on them, said that there is nothing due from him [as an atonement]. Then he
returns to Mina and stays there.

Ramy — Casting Stones

Dd gy dl ell Ge GUI agdl ge Qaotd! OIL) 138
ee 9 Slee ane eed toned UB db Gary SOU
lone ab Vo WIS Aas be itn oe We a
When the sun declines [from its meridian] on the second day of the days
of nahr,*° one pelts all three jamrahs, beginning with the one that is adjacent
to the Masjid [al-Khayf] casting seven stones at it, proclaiming the takbir
with every stone [throw]. Then, he stops next to it and supplicates. After that,
he pelts the one next to it in the same way and stops beside it [to supplicate].

Then he pelts the jamarat al-‘agabah in the same way, but he should not stop
next to it.

MIS pet Sg day SH LAI oy sell ye SIS 13

The following day,*°’ he pelts the three jamrahs after the declination of

the sun [from the meridian], in the same way.
2) hy Ol aL! Ol g Xe LI} 8 [Ad Jone ol obj! 1515
NSS odd) Sho 5 Ax al! ese! 3 SS) LA
Whenever he wishes to hasten the return, he returns to Makkah, but if he
wishes to stay [at Mina for another night], then he pelts the three jamrahs on

the fourth day,*°° after the declination of the sun [from the meridian], in the
same way.

De ed & hh re Sy MS egdl oe 8 ca}! 0d OF
9A Vs AWS abl Lgry Vby Tbs lary dase Ul ue
If he advances the casting [of stones] on this day~°” to before the declining
of the sun [and] after the dawning of fajr, it is permitted, according to Abu

Hanifah, may Allah have mercy on him, but they,*°? may Allah have mercy
on them, said it is not permissible.~°!

tn So be ech 9 IK AL) ab OLS! pak Slo 9
It is disapproved for someone to send his luggage to Makkah while [he
himself] stays on until he has cast [all the stones].
Tawaf as-Sadr — Farewell Circumambulation*
Bl 8h dap Cd Bb ob Crd J a UI 158
ARs Jal fe Vols 52 9 reall Bl gb lag kd bop
alal Moo 03
When someone returns to Makkah, he alights at Muhassab, then he
circumambulates the House with seven circuits without performing ramal in
them. This is the tawaf as-sadr — farewell circumambulation — and it is

incumbent [on all] except for the residents of Makkah. After that, he returns
to his household.

Miscellaneous Issues Pertaining to Hajj

Le de Le, bg 9 DIB © S| dm shy AX ero Jo J OW
aS ale ect Vy egal Gib ace Liv obies
If the person in ihram does not enter Makkah, but heads [directly] towards
‘Arafat, and stands there according to the manner we have mentioned earlier,
the [obligation of] tawaf al-qudum falls from him, and there is nothing [due
as atonement] from him for omitting it.
BB © on Ge etl Sy) Ge le ya Seb Dal yey
| 3y9\ 323 ,>JI O52 O48 sl & sib
Whoever reaches the staying at ‘Arafah between the declining of the sun
[from its meridian] on the day of ‘Arafah until the dawning of the fajr on the
day of sacrifice (nahr), has secured the hajj.
BS LE ole J glade code ol SU pag dd Sliel yey
33s) ye NS ol sol
Whoever passes through ‘Arafah while asleep or unconscious, or unaware
that it was ‘Arafat, that suffices for him [with respect to the obligation] of
staying [at ‘Arafat].
BESS 9 gol AES IE pe Je IT US arte BAL Ll
Or gre Vy 1 gla B Jos Vy All Ue pe 035 Vy egos
(2B Sg MEN op ped dl
The woman, in all of that is like the man, except that she does not uncover
her head, although she does unveil her face.
She does not raise her voice with the talbiyah, or perform the ramal in the

circumambulation, or perform the sa ‘y between the two green lines, nor does
She shave [her head], but she clips [her hair].

NAb
QIRAN
a\ SY ly tall ye bue eal SI al

According to us, giran is better than tamattu‘ and ifrad.

CNL ye lee Ay Bell bogs ol S| wl Ades

The description of girdn is that one adopts the ihram for ‘umrah (lesser
pilgrimage) and for hajj simultaneously, from the miqadt.

bs
“PF sod Fe oo war 4 ee ghee ss “ a
SAS a5)9 AN 4 lB! eal! Bball Cade J gi 9
8 eee
ge eghsy

Following the prayer [of two units], one says: “ Allahumma innit uridu’!-
hajja wa’l-‘umrata, fa yassir-huma Ii, wa tagabbal-huma minni — O Allah, I
intend to perform hajj and ‘umrah, so make them easy for me and accept
them from me.”

hey Bl g Sl dacs Sh old 3) LIL Lua) de J59 1313
Cy Lady (reg ene Ne ob be b cdc glee INI SI
5 peadl SLadl oding So Mig Lyall

When he enters Makkah, he begins with the circumambulation,

circumambulating the House in seven circuits, performing ramal in the first

three of them, and walking in the remainder at his normal gait. After that, he
performs sa‘y between Safa and Marwah. These are the actions of ‘umrah.

09 Als Layal Sy gre 9 apna) Sl gle reall day B gle

Thereafter, after sa‘y, he circumambulates performing the tawdf al-

qudum. He performs sa‘y between Safa and Marwah for hajj, just as we have

explained with respect to someone performing ifrad.

J5ds auwgl ty 91 5,4) 9) old red ell eg: pad! ey SL

25 ele cud, ed 9S 3 OW OLB po gb BA anes

es: JE > epall GL Ob dbs py esl | 3 al |

DUB abel MI poy 151 ell dae epee od ell opt J wll

Sle 7A ge FL b te AK els

When someone pelts the jamrat [al-‘agabah] on the day of sacrifice

(nahr), he slaughters a goat, a cow, or a camel (badanah),°°” or [gives] one-
seventh of a camel (badanah) or one-seventh of a cow. This, is the sacrifice
(dam) of giran. If, however, he does not possess anything to slaughter, he
should fast three days during the hajj, the last of which is the day of
‘Arafah.*°* If he delays the fast until the day of sacrifice (nahr) falls [due],
then nothing is valid for him other than sacrifice of an animal (dam).*°° Then
he fasts seven days when he returns to his household, but if he fasts them in
Makkah after finishing the hajj, it is valid.

Lal se 18 Olbs SN am shy AX OI Joe J Ob
dpoal| 295) e Ade g 5l al e> aie dois Ped 3L 45 pos
los lad ales
If someone performing giran*°° does not enter Makkah but heads
[directly] to ‘Arafat, he becomes someone who leaves his ‘umrah by standing

[at ‘Arafah], and the sacrifice of an animal of giran lapses from him, but

sacrifice of an animal for leaving the ‘umrah is due from him, and so is

[making up the ‘umrah in] gada’.*°’
gad ob

TAMATTU‘S
aiete sheng Ge cially dbase ol BWI ge Jeail ata
GIB Bgne Y aieies SABI S gens
According to us, tamattu‘ is better than ifrad.
The mutamatti‘ (person who performs tamattu‘) is of two types: the

mutamatti‘ who drives the hady (sacrificial animal as offering for the hajj),
and the mutamatti‘ who does not drive the hady.

IRs Jody 9B ped pred OLLI ys terry OI retell daney
AS yah “ys \> 129 pa 3 BE 9 erg lb B53

The description of tamattu‘ is that one begins at the migat, [where he]
adopts the ihram for ‘umrah and then enters Makkah, and performs the
circumambulation for it (‘umrah), does sa‘y and shaves [his head] or clips

[his hair], at which point he is released from his ‘umrah.
Ye AR ks g Bl gladly Lay! 15] Abd! aba

He discontinues the talbiyah when he begins the circumambulation, and
remains in Makkah free from ihram.

Ls Jandy el Dh doll ye LL pel dg Dl eg IF 13L
BW ele pe kas 3 OL erat e> ale y >,2h\ Z\A| lad,
abel Day |3] dary ot! S ell

On the day of tarwiyah, he should adopt ihram for hajj from the al-Masjid
al-Haram. He should do whatever the one performing the hajj ifrad does, and
the sacrifice of an animal (dam) of tamattu‘ is due from him, but if he does
not find that which he can slaughter, he should fast three days during the hajj,
and seven when he returns to his household.

SAIS OB ay he Glug eo] sAbl Gp Ol terdl a1yl ol s
daXy ing gl we Bal pasly Js ol dolpe lead Su
Yo cp CML cys Ugolken da OI gry HLS al Lge)
When the mutamatti‘ wants to drive the hady, he should adopt the ihram,
and [then] drive his hady. If it is a camel (badanah), he should garland its
neck with a leather water-bag or a sandal. He should mark (ish‘ar) the camel,
according to Abu Yusuf and Muhammad, may Allah have mercy on them,

and that is to slit its hump from the right side, but according to Abu Hanifah,
may Allah have mercy on him, he should not mark [it].

ase cL A se ME dy ey GIL IS: JS 130
ex, Ge I2 ated pr ade s jle als el pl pO & 9 WI
When he enters Makkah, he performs the circumambulation and sa‘y. He
does not become free [of the restrictions of ihram/] until he has worn it for the

hajj on the day of tarwiyah.
If he advances the adopting of ihram prior to that [day of tarwiyah], it is

valid, and the sacrifice of an animal (dam) of tamattu‘ is due from him. When
he shaves [his head] on the day of sacrifice (nahr) he has become free of both
ihrams.

Hal> al SY ad EL 5 S18 Vy a Re JAY ud

There is no [hajj] tamattu‘ or girdn for residents of Makkah, and for them
there is only ifrad.

Bl Sa dig Bpeall ye B13 te oad) ararhl ole 15} 5

If the mutamatti‘ returns to his land after he is free from his ‘umrah
without driving the hady, his tamattu‘ is void.

das sh oe JBL tbs od etl JS Bpedl gal pee

Whoever adopts ihram for ‘umrah prior to the months of hajj and
performs less than four circuits of circumambulation and then the months of
hajj begin and he completes them*®*’ and adopts ihram for hajj, is a
mutamatti’.

ro ei lielad bl gth aa itl eth JS ipod lb ob
lactate oS J BS acle cys
If he circumambulates four circuits or more for his ‘umrah before the

months of hajj, then performs hajj that same year of his, he is not a
mutamatti’.

035 SNS Aad 63 ya peg Baal 955 Sigh: ohh els
Amo Aisily alo} Sle Lyle th ela
The months of hajj are Shawwal, Dhu’|-Qa‘dah and the [first] ten [days]
of Dhu’!-Hijjah.
If someone advances the [adoption of the] ihram for hajj prior to them, his
ihram is valid and his hajj can be performed.

Cog Seely Chice| al >| WUE o| Al Cucle I3! 9

Sg pgs ge CWh Gh YY aon pies US

ce Seb pail SL Nl Bl gb tary 4a, P93) de Cycle
peal Bligh 33) le est Sly AK

When a woman begins menstruating during her ihram, she takes a bath,
dons the ihram and does whatever the person performing hajj does, except
that she does not circumambulate the House until she becomes pure. If she
begins menstruating after the standing at ‘Arafah, and after the tawaf az-
ziyarah, she may leave Makkah and there is nothing due from her for leaving
the tawdf as-sadr.

ZF) BOLLE Ob

OFFENCES (JINAYAT) DURING HAJJ
Nj Le MAS | ge dad S| SLES) aad @ ot) les 15)
Bie Aded gta ys S81 des OI g 02 Alas

If the person in ihram applies perfume, then expiation is due from him. If
he applies perfume to a complete limb or to what is more than that, then
sacrifice of an animal (dam) is due from him, and if he perfumes less than a
limb, then charity*°” (sadaqah) is due from him.

OL g @> aded MIS eg aul ee SEZ LS Gd dy
Bb adhad EUS oye J8l OWS
If someone wears a sewn garment or covers his head for a whole day, then
sacrifice of an animal (dam) is due from him, but if it is less than that [period
of time],~’ then charity is due from him.
ae)! (2 SBI Ge Oly po add aclad aul ary Gle Oly
A914 Aled
If one shaves a quarter of his head or more, then sacrifice of an animal

(dam) is due from him, but if he shaves less than a quarter, then charity is due
from him.

am ydagm slic eraldaa pepe lll dye ge ol»
A340: Mas al gay tot awry gil Ss She alll
If someone shaves the cupping area of the neck, then sacrifice of an
animal is due from him, according to Abu Hanifah, may Allah have mercy on

him, but Abu Yusuf and Muhammad, may Allah have mercy on them, said
that sadaqah [is due from him].

Mery gl lay 28 Oly ceo dyed aley g ey pill (23 U1 9

S81 28 0) y Bae ahead BIBI LF 2 S81 ab Ol 9 po aged
dase lie Breabdale snort SB 5
erage: Dud all ary rot Sb9 Lbs al gery aug ly

If someone clips the fingernails of both hands and the toenails of both
feet, then sacrifice of an animal is due from him, and if he clips the
fingernails of one hand and the toenails of one foot, then sacrifice of an
animal is due from him. If he clips less than five different nails from his
hands and his feet, then charity is due from him, according to Abu Hantfah
and Abu Yusuf, may Allah have mercy on them, but Muhammad, may Allah
have mercy on him, said sacrifice of an animal is due from him.

BLE rod eLE OL: pF 9g phe ye ed sl gle gl bs Oly
Oh 9 ab ge g pel BL YT Las dee fo Grad lb OI
If someone applies perfume, shaves [his head] or wears a sewn garment
with a [valid] excuse, then he is given a choice: if he wishes, he may

slaughter a sheep or goat, or if he wishes, he may give charity to six needy

persons of three sd‘s of food,*”! or if he wishes, he may fast for three days.

Conjugal Relations
S52 A sh S35 o> Aded Sy gaty Gad gl JS OI 9

If someone kisses [his wife]*’* or fondles [her] with desire, then sacrifice
of an animal is due from him, whether he ejaculates or not.

Abe 9 Ame nd 29 5 995) NS Wend dol 3 aole Yay
cel aall ale g ame dents J pe gas LS etl B gat g bl
Wass oLeaall 3 Le cm IS) ail xl Dyke Ol ale ads

Whoever copulates in either of the passages~’’ before standing at ‘Arafah,
his hajj is invalidated and a sheep or goat is due from him [as penalty]. He
must continue the [remainder of the] hajj in the same way that someone
whose hajj is not invalid continues, and gadda’ [of hajj] is due from him.

According to us, it is not incumbent on him to separate from his wife
when he performs the hajj as gada’.

Ag AD Ade 9g dorm Lenk, J 43a) 993)! day pale OAs
Bhar ON LB Spall 3S aole (yey BLE abd GLI tay mele
dog Oh BLE ade g Lolads Ld peg Letudl blot! dn)!
dois VoeS pad Wadd Vy Beaded bo 3T de 1 lb be dy
wSAN Slee pole a5 Lali mole jeg clajlad

Whoever has sexual intercourse after standing at ‘Arafah, his hajj is not
invalidated, but a camel (badanah) is due from him. Whoever has sexual
intercourse after shaving [his head], a sheep or goat is due from him.
Whoever has sexual intercourse during ‘umrah, before he has
circumambulated [a minimum of] four circuits, has invalidated it, but he
should continue with it [as normal] and [then] perform it as gada’, and a
sheep or goat is due from him. If he has sexual intercourse after he has
circumambulated [a minimum of] four circuits, then a sheep or goat is due
from him and his ‘umrah is not invalidated, and neither is its gada’
incumbent upon him.*”4

Whoever has sexual intercourse out of forgetfulness has the same legal
ruling as someone who has intentionally [engaged in| sexual intercourse.

Impurity

aglad Lie SIS 5) 9 Abr. aad Bas o pra} 3 gb Bb yoy

aged ie WIS S| gdb abd be Hb JI Gigb Gb] 98

fg cade cud Vy AKe ola le Bish) dee OF Lady Sa
BLS Abed Lee GIS OI g Be adnd GS pucdi GI gb GIL

Whoever performs the tawdf al-qudum in a state of minor ritual impurity
then charity is due from him, and if he was in a state of major ritual impurity
then a sheep or goat is due from him.

If someone performs the tawdf az-ziyarah in a state of minor ritual
impurity, a sheep or goat is due from him, and if he is in a state of major
ritual impurity, then a camel (badanah) is due from him. It is better for him to
repeat the circumambulation as long as he is in Makkah, and no slaughter is
due upon him.

Whoever performs the tawdf as-sadr in a state of minor ritual impurity,
charity is due from him, and if he is in a state of major ritual impurity, then a
sheep or goat is due from him.

Shortcomings
ON 9 BLE aad Le go Ld bl gt) BG SL MN Gigb 45 Ol
Lgdgles o> Mul lo laclad bl 31 da lave 353
If someone omits three circuits or less than that from the tawdf az-ziyarah,

a sheep or goat is due from him, and if he leaves out four circuits or more, he
remains in ihram forever until he performs their circumambulation.

Oh 9 Ado Abed reall Cl gb yo bi gil dG As jeg
BLS edad are bl g 5] dal gl prall Gib 3
Whoever omits [a maximum of] three circuits from the tawdf as-sadr,

charity is due from him, and if he omits [all of] the tawdf as-sadr, or [a
minimum of] four circuits from it, then a sheep or goat is due from him.

eG Aang DLE Aled dg Aly rally al ey

Whoever omits the sa‘y between Safa and Marwah, then a sheep or goat is
due from him, and his hajj is complete.

BBN IS G09 cer Arad LY JS Sb,© G2 L2UI py
e> aad ado it

Whoever moves out of ‘Arafat before the Imam, the sacrifice of an animal
is due from him.

Whoever omits the staying at Muzdalifah, the sacrifice of an animal is due
from him.

9 SB Ny pr Aded WT LST BLE ge) SS Oey
BABS Ee 2) DS Oly Abe aed SS GLA! Gro}
Whoever omits pelting the jamrah for all of the days, the sacrifice of an
animal is due from him. If he omits pelting any one of these three jamrahs,

then sadagah is due from him. If he omits pelting the jamrat al-agabah on
the day of sacrifice (nahr), then the sacrifice of an animal is due from him.

dave sl Lic po aded pull oll uae co GUIS psy
dase gl us yb 5) Gib 51 6) WISy Ths alll aay
SS alae,
Whoever delays shaving [the head] until the days of sacrifice have passed,
sacrifice of an animal is due from him, according to Abu Hanifah, may Allah

have mercy on him, and likewise, if he delays the tawdf az-ziyarah, according
to Abu Hanifah, may Allah have mercy on him.

Hunting

Belge elit adad abd so ae Jo ol le @yockl Jo 131 5
LSI 9 roll 9 wel, dolal| 25
When a person in ihram kills game or he guides someone who kills it to it

then recompense is due from him. In this matter, the deliberate, the forgetful,
the first-time [offender] and the repeat [offender] are [all] deemed the same.

Avalle sh OI: Dall gry uy sledge slucelj tls
dag dp BOT Sheers nal MOSS sladals oil gig
Dal OI dono Lily pla! Le O| Ae dl 3 p= 92 3 Ste Ly
pews JS fe a Grats blab 6 Rl LS Oly hrs aed
plc li dl gc pad yelele sl yelebe sly oe plein
lag, pad ope le IS gegky poeple dai JS ye

According to Abu Hanifah and Abu Yusuf, may Allah have mercy on
them, the recompense is that the game is valued at the place where it was
killed or the location closest to it. If it was in the wild, two equitable persons
value it.

Then he has a choice with regards to its pricing: if he wants, he may
purchase an offering (hady) and slaughter it if the value is that of an offering,
or if he wants, he may buy food with it and give it as charity to the destitute,
each [receiving] a half sa‘ of wheat, a sa‘ of dates, or a sda‘ of barley, or if he
wants, he may fast one day for every half sa‘ of wheat, or one day for every
sa‘ of barley.

Sree LBs pF 99d Fe Hed op JS olalall ys 23 ls
EMS al ary ree Sby SUIS ey ais cle clé a oa
Brim & 5) Wl by Si deladl Bs Gls C5

If there is a surplus of food of less than half a sa‘, then he has a choice; if
he wants, he may give it as charity, and if he wants, he may fast for it a whole
day*’°

Muhammad, may Allah have mercy on him, said that for [the offence of
hunting] game, it is obligatory, [to pay a recompense] similar to what
resembles it if possible. Thus, for a deer it is a sheep or goat, for a hyena it is

[also] a sheep or goat, for a rabbit it is a female kid, for an ostrich it is a
badanah, for a jerboa it is a four-month old female kid.

UAB le ped aie | pe Aled gloat a5 sllave cle ey
Oe Gd bye ily abd ol Sle US Of y ated Ye
DAS tad aed ple je
Whoever injures game, plucks its hair or cuts off one of its limbs, is to
compensate [for] whatever he has reduced in its value. If he plucks the
feathers of a bird or cuts the legs of the game [in such that] it exits from the
category of one that can defend itself, then upon him there is [liability for] its
entire value.
Pap ead ye GF OL cated Add tye pe ST yey
Whoever breaks the egg of game, its value is due from him. If a dead

chick emerges from that egg, then from him there is due its value as though it
was alive.

SLD g GyBllg ALL, 5M Sadly Gist fod B ads

Selly esd) ISS ele elie sobll UN

ego LAs

There is no recompense [to be paid] for killing a crow, kite, wolf, snake,

scorpion, mouse or savage dog, and there is nothing [as liability] for killing
mosquitoes, fleas or ticks.

Le Le Bryad bal > M9 cpeg cli Le Gye Aled 19 pee
O51 A AE OKs
Whoever kills a louse may give in charity whatever he likes, and

[similarly] whoever kills a locust may [also] give in charity whatever he
likes, and [in this regard] one date is better than a locust.

Yo el 534 Akad la gouse ac oY aes JS & Y ls ee C9
ole rents ) gloss
Whoever kills that whose meat is not eaten, like a predator and the likes of

it, then recompense is due from him, and its value shall not exceed [that of] a
sheep or goat.

ade ig 3 ald oF Je antl Sle ls
If a beast attacks someone in ihram and he kills it [in self-defence], there

is nothing [as liability] upon him.
eS aad acts wall om scares Ayo yee) Ol

If someone in ihram is forced by necessity into eating the meat of game
and he kills it, he [is liable to pay] recompense.

Ladly Gly padly 82d y BLS! poll code SL Hb Ys
S ju!
There is no objection to someone in ihram slaughtering a goat, cow,
camel, chicken or domestic duck.
N52 dad Lishiioe Ld ol Vo pac ele J OI s

If someone kills a pigeon with feathered legs or a domesticated deer, then
recompense is due from him.

LIS JAY diye ated lage aol oo5 ol s

If the person in ihram slaughters game, then his slaughtered animal is
carrion which it is not lawful to eat.

A \3\4oud 9 I> calla! tue ot arbi ISL OL HL Ys
oan Opel Yo ale ayorkl alr
There is no objection if the person in ihram eats the meat of game if it was

hunted by someone not in ihram and [the hunter] slaughters it, if the person
in ihram did not direct him to it nor did he tell him to hunt it.

e\ 54 Apes! Amu \>\ atl ae (39

For game of the Haram, if a person not in ihram slaughters it, [then he
Shall be liable for] payment of recompense.

Le ga Vo 5 ghee pad CU opmed gl adh into aso! 9

If someone cuts the grass of the Haram, or a tree which is not owned [by a
legal entity], nor is it of what people grow, then [the payment of] its value is
due from him.

Adad leo o,All fe ad GI ESSE QI abd e465 Ss

A fod y's ;
do\9 02 dejo 7H ly dpedl Oo

Everything that the performer of giradn does, out of what we have
mentioned in which there is, from the performer of ifrad due one animal in
sacrifice (dam), then there is due from [the person doing girdn] two animals
in sacrifice; one animal sacrificed for his hajj and one animal sacrificed for
his ‘umrah,*’° unless he crosses the migdt without [wearing] ihram, and
thereafter dons ihram for ‘umrah and hajj, [in which case only] one animal is
due in sacrifice from him.

Vsti age dels JS debe thine J Soke se SKN 5)
Bolg el je legdad Fl dye JB SOV Me Sal 131g OLS
When two people in ihram participate in killing game of the Haram, a full
recompense is due from each of the two, but if two persons who are not in

ihram participate in killing game of the Haram, [only] one recompense is due
from them both.

SbL asl act gh ue ayodl eb 3! 9
When the person in ihram sells game or purchases it, the sale is void.
darYob
IHSAR — CONFINEMENT
a} jhe (gall ye dant oye abel | pte eodl_paol 131
lew hes oY AF\ 9 9 eel Q Tes Let Saul : A) 29 Wows
Cre Sy WB OI OB Me 543 Youd aie

When the person in ihram is held back by an enemy, or an illness befalls
him that prevents him from continuing [his hajj rites], it is permissible for

him to release [himself from the ihram], and it is said to him: “Send a sheep
or goat to be slaughtered in the Haram.” He takes an undertaking from
someone who will take it on a specific day in which it is to be slaughtered,
then he releases himself from the ihram.

If he is performing girdn, he should send two animals to be sacrificed.’
e32 bS oud oto 2! SV] lbeFl 69 73 594 Ys
Y: ALS all Ler) Vis dhs alll ary dage Ul ue jou
len BY eth perl ell 554
Slaughtering an animal (dam) for having been kept back (ihsar) is not
permitted [anywhere] but in the Haram. According to Abu Hanifah, may
Allah have mercy on him, its slaughter is permitted prior to the day of
sacrifice (nahr), but they,*’? may Allah have mercy on them, said that
slaughtering on behalf of the person who has been held back (muhsar —
person in ihram in ihsar) intending hajj is not permitted except on the day of
sacrifice (nahr).
LS te coh SI Byely paral 5 94»
It is permissible for the person who has been held back from ‘umrah to
slaughter whenever he wants.
perl Jeg byety deo ald S215 LL pardly
SEF 9 doe SLB deg Ladle
When the person who has been held back from hajj releases himself from

ihram, one hajj and one ‘umrah are due from him, and the person who has

been held back intending ‘umrah is due to perform gada’.

One hajj and two ‘umrahs are due from the person performing girdan.*’”

eo me ON, 3 ogre ol wrtclss bis peed) x I3l 9
joel 54 3 eA ly GAB! Shoal be 543 OB Glen Wl JN
Ol g «e+ oe 592 Gb) Ayal be 543 Oly gah Asso

Gls Wott al ile adi 3 90 mn S\ yo) Je p43

When the person who has been held back sends an offering (hady) and

takes an undertaking from them’? that they slaughter it on a specific day, and

then the condition of being held back ends, if he is able to catch up to the
offering and [also] the hajj, he is not permitted to release himself from the
ihram, and executing [the hajj and sacrifice] is binding upon him. If he is
able to catch up to the offering but not the hajj, then he releases himself from
the ihram. If, however, he is able to catch up to the hajj but not the offering,
it is permitted for him to release himself from the ihram, on the basis of
istihsan (juristic preference).

| pat WT Bigg Bb yo & git mg ARs par yes
POPS eld Lae] Sool de 58 Sls
Whoever is held back at Makkah and is prevented from the standing [at
‘Arafah] and circumambulation [of the Ka‘bah], is [understood to be] a

muhsar,~°! but if he is able to catch up to either one of the two,*°* then he is
not a muhsar.

Sl gall Ob
LOST RITES

O52 8 ppl alle sm bya Beil Gl LL aol yey
(92h 3 Nes geen 9 9 gla» 5 ANS 9 mn a5\3 123 pl
Whoever adopts the ihram of hajj and then misses the standing at ‘Arafah
until the sun rises on the day of sacrifice (nahr), has missed the hajj, and
must perform the circumambulations, the sa‘y and release himself from the
ihram. [He is to] perform the hajj as gada’ in the following year, and there is

no sacrifice of an animal (dam) due from him.

OS ell nd VY ddl ars Bale p09 Sg VBpelly
BAN lly pl eg 9 dhe eg ed Whe
The ‘umrah cannot be missed and it is permitted during the whole year,

except the five days during which its performance is disapproved: the day of
‘Arafah, the day of sacrifice (nahr), and the three days of tashriq.

sella Al gblly lay : gg iw Byaallg
‘Umrah is sunnah. It [consists of] ihradm, circumambulation and sa‘y.
SAS! ob
OFFERING (HADY)
walls yasls jy! Oy gil a5MG Ce 99 caLeebol: Saal
ace FAL OB CLAN ye VI lacked gl ST WS bw
The minimum offering (hady) is a sheep or goat, and it is of three kinds:
camels, cows, sheep and goats.

In all of these, a two-year old or older is sufficient, except in [the case of]
sheep [in which] a six-month old lamb is sufficient.

Le pall Vy elem Vy pol dala Vg Jo Mp dl ¢ glade Vy

huh Dott Yall

The offering is not permitted [if] its [whole] ear or the major part of it is
severed, the tail is severed, the hand is severed, the foot [is severed], or one

with impaired eyesight, which is emaciated, or lame that does not walk [all
the way] to the place of the rite [of sacrifice].

Bh SBI ge Alb ye: rand ge BV eco IS Ge BL,
Abts T) leged 5 9 Y AUle Ao 298 Il dey wale ag Lor
The sheep or goat is permitted [to be slaughtered] for everything except in
two cases: someone who performs the tawdf az-ziyarah while junub, and

someone who has sexual intercourse after standing at ‘Arafah. In these two
cases, nothing is allowed but a camel (badanah).

N31 uid haan Qe Legis Buely US Uo5H Sadly Gus!
Analy @Ado-| oI yl las Ay >a) YY » lS 53 oY A>\ 9 SS NS
4 BN of SIN 548 pel

[With regards to] the badanah and the cow, either of the two can be
portioned on behalf of seven people, if each of the participants intends it as
an act of drawing closer~*? [to Allah]. If any of them wants his share of the
meat, it is not valid for the rest*°* as an act of drawing closer (qurbah).

oe 358 Vy Olly dally & gh sre je ITS js
Lindl 2a
Consuming [the meat] from the offering which is done as a voluntary act

(tatawwu‘), or for tamattu‘ and girdn is permissible, but it is not permitted
from the rest of the offerings.

Pdi en BY! olay sadly ¢ shell Gre 205 594 Vs
Lo odo cl S LIB Ae 25 hots
Slaughtering the offering which is done as a voluntary act, or for tamattu‘
and girdn is not permitted except on the day of sacrifice (nahr). Slaughtering
the rest of the offerings is permissible at any time one wants.
de ky Guae ol Sota eA! BY LIB 205 594 Vo
Liab a, aN AY pans Fl YS Las
Slaughtering the offerings is not permitted except in the Haram.

It is permissible to give it away as charity to the needy of the Haram and
to others, and notification of the offering is not obligatory.

Pell etal sAI by pol STL Lady

In the case of camels, stabbing at the base of the neck (nahr) is better, and
in the case of cows and sheep, slaughtering (dhabh)**? is better.

YS pent OT 13) aunty Youd OLY! Boe oF Day
Lge hid ol dons Vy ellady den Grey

It is preferable for someone to undertake the slaughtering of [the animal]
himself, if he is able to do that well and to give its coverings and its bridles

away in charity, but he should not give them as remuneration to the
butcher.7°°

MS 56 gl Sb 9 S58 UI bol Sa GL ose
UL ke ne mar, (Ny elt J Wb oS Ole Se 3

Whoever drives a camel (badanah) and is compelled to ride it may do so,
but if he has no need to do that, then he does not ride it. If it has milk
[lactating from its udder], he does not milk it, but rather, he sprinkles its
udder with cold water until the milk ceases [to flow].

Shy Ab Ale dd Leghas GIS GB Glad le GLE yay
aslis ont mb Qlald Cols ye Of
Whoever drives an offering and it perishes, then if it was supererogatory

another one is not due from him, but if it was for an obligation, then it is
incumbent upon him to replace it with another.

cL eal aisey aati ond lil WS ye alel dl

If it suffered many defects, he should replace it with another, and he may
do whatever he wants with the defective [animal].

ALE yo ont Vy alee ISL Jy ete ll. Spe yg leew
If the camel (badanah) perishes along the way; if it was supererogatory,
then he slaughters it [at the base of its neck], colours its garland with its

blood and strikes its side with [the garland]. Neither he and nor anyone else
from [amongst] the people who have no need eat of it.

cle Le le piney elie Lage lil nly OS Os
If it was obligatory, he replaces it with another, and he does whatever he
likes with [the one that has perished].
Vo slamY! eo We Vp OL ally deadly & ghd! Gas le »
OL

One garlands the neck of the supererogatory offering, the [offering of]
tamattu‘ and [that of] girdn, but one does not garland the neck of the animal

sacrificed (dam) because of being held back (ihsar) or the animal sacrificed
(dam) for offences.

& gd OS

BAY‘ — SALES

THE CONDITIONS OF SALE
ig2 Wi Baa US 13) J peily CLAY wie al

Sale (bay‘) is concluded by making an offer and [its] acceptance when
they are both [enacted] with words of the past tense.

Be Ol: IAL 2Yb aod esl 3>| m9! 131 5
Co) ae Ole one
When one of the two contracting parties offers to sell, the other has a

choice: if he wishes, he may accept within that session (majlis al-‘aqd) and if
he wishes, he may reject it.*°’

LEY Shes J gill LS adel Gye old Lec

So, whichever of the two stands [and leaves] that session*®’ before the
acceptance [of the offer], the offer is void.

Y} legis dol) SLE Vy aed od Sadly CY! eam 1b

229) PAE ge ys

Once the offer and acceptance have taken place, the sale has been enacted
and neither of the two [parties] has any choice [of rescission]*°’ except in
[the case of] a defect or in [the case of] not having seen [the object of
sale].7°0

aodl Sym Ga ade 2b ae MI cet TU LN Lal ge
The considerations”!
required in [the stipulations of] the permissibility of the sale.

that are indicated, knowing their quantity is not
292

dna ly yi) 28g pao 5 385 IY] cued Y dalla SUEY

Unspecified prices are not valid unless they are of known quantity and
description.*”°

Laghas Jol IS 31 Ja deg I yok andl j 9H s

The sale is permitted with on-the-spot payment or deferred [payment,
subject to] when the [period of] deferment is known.*”4

CAT HE MS AB SNE fe WIT cad B pod! GLI yer
Lasel Gay SIS] ad aS dake » ga

Whoever does not specify the price (thaman) in the sale, it is [determined]
according to the predominant currency of the land.*”° If, however, there are
different currencies [in the land], the sale is invalid, unless one of them is
specified.*?°

angry Ube 9 Adjle 9 ALIRs IS Ga dly plabll ay j 5H

olAde 9503 Y dias > (jg glaylide dyn Y

The sale of food and all [types of] seeds is permitted, by measurement or
without measurement, with a specific pot, the volume of which is not known,
or according to the weight of a specific rock the value of which is not

known.2””

AS domly 58h 3 all jhe mys jib IS Plaine eb yas
el jaB ALE come OI SU! b Ser 9 Md abllary dase Gl
nga gl 3 cay: Ma al gery boty chery gol Ss
Whoever sells a pile of food, each gafiz*?’ for one dirham, the sale is
permitted for one gafiz only, according to Abu Hanifah, may Allah have
mercy on him. It is invalid for the rest [of the gafizs] unless he mentions all

of its gafizs.°°? Abii Yusuf and Muhammad, may Allah have mercy on them,
however, Said that it is valid in either case.

gate BANG aS pay BLE JS gb abd gb Ses
AL er dg Arh £15 WS desde ss gb Ge MiSs
ee ass pe a5le Lal is elab oO Fe C9 cjle I
dg ghl SEV LE Ol LLL 6s REM GIS WS 3s J8l Lose
DNS ye fSV Lote g Sl 9 cad ead LE OL 9 cQelll ys etary
WW ook JL

Whoever sells a flock of sheep and goats, each sheep or goat for one
dirham, the sale is invalid for all of them.°°" And likewise, [it is invalid] if
one sells cloth by the cubit (dhird‘), each cubit for one dirham and does not
nominate the complete [number of] cubits.

Whoever purchases a pile of food for one hundred dirhams, on the
presumption that it is one hundred gafizs, then finds it to be less than that, the
purchaser has a choice: if he wants, he may take what there is with its share
of the price,” or if he wants, he may cancel the sale. If he finds it to be more
than that, then the excess is for the seller.°°*

Se Lay sl pale Sta ph 5 te ail del so Ral yes

US 5 eld OI 9 coped! Aleoe Lads t eLE OI

Whoever buys cloth on the assumption that it is ten cubits [in length], for
ten dirhams, or [buys] land on the assumption it is one hundred cubits [in
length] for one hundred dirhams, then finds it to be less than that, the buyer
has the choice: if he wants, he may take it at the full price [of ten dirhams], or
if he wants, he may leave it.

Wy opel ceo ole Gul el yal iY AS lates Sle
lw se
If he finds it to be more than the cubits he had mentioned, then [the

excess] is for the buyer and the seller has no choice [but to give it up at that
price].

wae ELS IS ayo dle gS Sle lel de ea SEO!»
CN oye Ugaoe Leds! old Of LLL 5g) 2,256 Late oi
LS 5 dls
If [the seller] says, “I have sold it to you such that it is one hundred cubits
for [the price of] one hundred dirhams, each cubit being for one dirham,” and

if [the buyer] finds it less [than that], he has the choice: if he wants, he may
take of it according to its share of the price, or if he wants, he may leave it.

ae! BSNL Of ILL 6 ALM GIS 8515 lates Oly
adh Fand HLE Oo cen & LS SS
If, however, he finds it to be more, then he has the choice: if he wants, he

may take it all, [on the basis of] each cubit for one dirham, or if he wants, he
may cancel the sale.

oy 8 lS de Ul fe de Mode che cu: JE gy

Lata 9 0) 9 tare aed! Sle A c8U lode y OBS des IS

Ald andl BAL}

If [the seller] says, “I have sold you this bale, on the basis that it [consists
of] ten pieces of fabric, for one hundred dirhams, each piece of fabric being
ten [dirhams],” then if [the buyer] finds them to be less [than that], the sale is

permitted according to its share,°’’ but if he finds them to be more, then the
Sale is invalid.

La eb pag deny J OL y aed BG Joo blo FL gay
JET, omy FO! 9 Ard! B pel 9 Jol Ge ed ke Joo
dyed YAN ag dE o3
Whoever sells a house, its structure is included in the sale even though
[the seller] does not mention it, and whoever sells some land, whatever date-
palms and trees are within it are included in the sale, even if [the seller] does

not mention them, but crops are not included in the sale of land unless
specified.

Lge fey SIV] (SL ai pod 8 ab at 9 ES FL Oop
ol wes \gales| ol Sle» eh
Whoever sells date-palms or trees upon which there is fruit, its fruit is for
the seller, unless the purchaser stipulates it [to include the fruit in the sale]
when it is said to the seller, “Pick it, and deliver the sold goods [to the
buyer].”
Be ay carl Sle Lay 8 Yr dhe te J of eb ey
trol dnd Joa! de USS bt Ob SIE 3 leaked g HM
Whoever sells fruit, [irrespective of whether] its ripening had begun or
not, the sale is valid and it is immediately incumbent on the buyer to pick [the

fruit], but if he stipulates that it has to be left on the date-palm [or tree], the
Sale is invalid.

daglas Wbey\ ie gies 9 8,8 are Ol bgt Vs

It is not permitted for someone to sell fruit and [at the same time] exclude
specific measures of it.°°*

Lad 3 By Whew 3 Aa ap 5 94s
It is permitted to sell wheat in its ear and legume in its pod.
sel cles andl 8 JSo LI gb oy
Whoever sells a house, the keys of its locks are included in the sale.
Be ool Oly als Slt de Gell by SUSI 3215
Sed

The wages of the person who measures [out the goods being sold]
(kayyal) and of the money-checker (ndagid ath-thaman) are [due] from the
seller, whereas, the wages of the person who weighs the money*”’ (wazzan
ath-thaman) are [due] from the buyer.

SB 059 151B Sol cpeidl adol 6 fede NS ob dale ob yes
Garth el gall

Whoever sells a commodity [in consideration] for a price, it is said to the
buyer, “Pay the money first.” once he has paid, it is said to the seller, “[ Now, ]
hand over the object of sale [to the buyer].”

Las Lele sled JS pots LE gh daly dale PL o2y

Whoever barters a commodity for another commodity, or price for
price,°°> it is said to both of them, “Hand them over [to each other]
simultaneously.”

ball le ob

KHIYAR ASH-SHART — OPTION STIPULATED IN
THE CONTRACT

BW NDI by cg AM y SLY andl b Sle ba is
ADI ay Adm Gl Ae BUS ys JF 5 98 Vy cle go LS oll
i \>\ J 9= > dhs all Lge) oF 9 Ww 9) yl Jes dbs
ds glee oe

The option stipulated in the contract is permitted in the sale for [both]
seller and buyer,°’’ and for them, the stipulated option is [valid] for three
days or less than that and it is not permitted for more than that according to
Abu Hanifah, may Allah have mercy on him, but Abu Yusuf and

Muhammad, may Allah have mercy on them, said that it is permitted [for
more than three days] when one names a definite period [of time].

6 AEM 428 31s cae » lao pase Sl le
CREM 4423 OI OF etl eae HE Sule»
cM aca Sd SN tna Awad’

The option stipulated by the seller prevents the object of sale from leaving
his ownership, thus, if the buyer takes possession of it and it perishes in his
possession within the period of the stipulated option, [the buyer] compensates
[the seller] for its value.°"°

ST YY eS elle Sa eel ase gas YG RAL obs
Lag gil Sls (ALS al am) dase glue he Y og Aa
ceDL We ony de OF aXe : dbs all Lewy ty

Sus AS> | WIS»

The option stipulated by the buyer does not prevent the object of sale from
leaving the ownership of the seller, but the buyer does not own it [either],
according to Abu Hanifah, may Allah have mercy on him, but Abu Yusuf and

Muhammad, may Allah have mercy on them, said that [the buyer] does own

it. Therefore, if it perishes in his possession, it perishes according to its price

[with the buyer], and likewise, if it becomes defective.

ot Olay LL be B pends Ol al LI Jo 55 sag
Whomsoever the option (khiydr) is stipulated for has the right to rescind
the sale during the period of option, or he may declare it valid.
OY G4 To? Ul 9 Sle Ae le Oper iu jel Ob
I pale S51 5 SS
If he considers it valid without the presence of his counterpart,’’” it is
valid, but it is not valid for him to cancel it unless the other [party] is present.
aSy9 dl Je dy cold Sle E14 ye ok Isl
When the one who has the option dies, his option is void and it does not
transfer to his heirs.?!°
M3 By 2da8 GIT gl GLE al Ue las eb Gy
Whoever sells a slave on the understanding that [the slave] is a baker or a

scribe, then finds him contrary to that, the buyer has the choice: if he wants,
he may take him at the full price, or if he wants, he may leave him.

49 Sole Ob

KHIYAR AR-RU’YAH — PURCHASE SUBJECT TO
EXAMINATION

old. Ol oly 1H LEH alg c Sole adboy dL GRE yas
CD) oe ls (eage
Whoever buys that which he has not seen, the sale is permitted and he has
the choice when he does see it: if he wants, he may take it, or if he wants, he
may refuse it.
J NS Woy Dk Eb oe

Whoever sells that which he has not seen, has no choice [in that].°!!

amo Sl gly glee gl pole A ol apedl any dt)
A) Ld 8 AghaSg AIS amy dol 4.1L
If [the buyer] looks at the exterior of a pile [of foodstuffs], or at the
outside of fabric that is folded, or at the face of a slave-woman, or at the face

and posterior of a pack-animal, [then buys them] he has no option [to rescind
the sale].°!?

Lege daly J Ol 9 d LS 3B Nl eve chy oly
If he sees the courtyard of a house [and buys the house], he has no option
[to rescind the sale], even though he did not see its rooms.

Lads 9 5 FEI 13] SLL aly Sole ol Sy eo a

BNWT 13} dads af pl By SIT 1S eed net Ob ols

SD By OIF 13) 89d gh el Gye

Selling and buying by a blind person are allowed. He has the choice [to

rescind] when he buys and his [right of] choice ceases: when he handles the

commodity — if it becomes known through handling, or he smells it — if it

becomes known through smelling, or he tastes it — if it becomes known
through tasting.°!8

dey > lil Gale Jesus Ns

In real estate, the option [to rescind the sale] does not cease until it is
described to him.

ged Sel Le 3] WAL MUG opal prone de eb oes
NaSlarlls L3L ade agfall GIS (3) SEY ale Fob lS! y
Ladle

Whoever sells another’s property without his permission, the owner has
the option: if he wants, he may permit the sale, or if he wants, he may rescind
it. [The owner] has [the right] to permit [the sale, only] when the item which
is the subject of the contract (ma‘qud ‘alayhi) [still] exists and both the

contracting parties are [standing] by their terms.’!*

Lay old je SIN Gh SLALALG op lant ch yay

Whoever sees one of two garments and he buys them both, then sees the
other [garment], it is permitted for him to return both of them.

oye We 4,9 SN ple aly ole syeg

Whoever dies while holding the [right to] purchase subject to

examination, his choice is annulled.?!°

oly gl Aapadl fe SIS OL cdre re ol £21 oo Kes sh oy
SB ald | pars ote OI 9 cad pL
Whoever sees something and, then buys it after a period [of time], if it is
[still] in the condition it was when he saw it then he has no option [to rescind

the sale], but if he finds that it has changed, then he has the option [to rescind
the purchase].

ew le Ob
KHIYAR AL-‘AYB — OPTION TO RESCIND A SALE
DUE TO A BLEMISH

ASI LG ON LAL 58 all Bone deo AEM albl 15)
02) 14 O19 op)! areme
When the buyer becomes aware of a blemish in the goods, he has the

choice: if he wants, he may take it [by paying] the complete payment, or if he
wants, he may reject it.

She IEL 5 Kins Ghd paul

It is not permissible for him to retain it and take a reduction [in price
without permission of the seller].

BLN yg ce 943 plead dole & Godll GLa Coal lk JS

al (3B che Je peal Bae Bly SLA d Jody

& ghd Aa cdgla, o> ay MS ald

Everything which necessarily requires a decrease in the price [of the

goods] according to the practice of traders, is a blemish. Running away,

bedwetting and stealing are blemishes in a minor [slave] until he attains

majority. Once he has attained majority, then that is not a blemish unless he
makes a practice of it after [attaining] majority.°'°

VY] eB B ee Gedy ALE BE Sly Sly
asd oy 99 2 ULI S ae USI ly 9 Ul cold 2 OH

Halitosis and malodorous armpits are blemishes in the slave-woman but
they are not blemishes in the [male] slave, unless they are due to illness.?!’
[Similarly,] fornication and having an illegitimate child are blemishes in the
Slave-woman, but not in the [male] slave.

ws NWS use Se abl oS ne GAM us Sue 15 5
2x IY! all op Ye cdl Shady aay ol 4B SUI
anes JEL SI oul
When a blemish occurs [in the commodity when it is] with the buyer, and
then he discovers a blemish that existed [when the goods were] with the
seller, [the buyer] may return [to the seller] for [payment corresponding to]
the decrease [in the price] due to the [original] blemish, but he may not return
the commodity unless the seller consents to take it [back] with its blemishes.
See Be gpl Spl atye gl able yg sill s AEM Aled O} 5
ana dL SI SW und lake pay mae be albl

If the buyer cuts the cloth, stitches it or dyes it, or he mixes barley-mush
with ghee, then becomes aware of a defect [in it], he may [still] recover his

decrease [in price],’'* and the seller may not take back [the commodity] as it
.< 319
is.

Ct BE bbl i cris Ole 5| atte Le 6 KI Sey
sais
Whoever buys a slave and sets him free, or [the slave] dies [being] with

him, then [the buyer] becomes aware of a blemish [in that slave], he may
recover the decrease [in the price the blemish occasioned].

A dnt Le albl 5 alo eae SS gi all g RAL 5 Ob

leety WEs Ss abl ary die GIS 8 beg ale amy
ell Obaty pep 1 JL al

If the buyer kills the slave, or [the commodity] is food and he eats it, then
becomes aware of a blemish in him [or it], he does not recover anything [as
recompense from the seller for the blemish], according to the verdict of Abu
Hanifah, may Allah have mercy on him, but they [Abu Yusuf and
Muhammad], may Allah have mercy on them, said that he may recover the
diminishment [in the price] due to the blemish.

e Lead ALS OB cae ale 2) es G Had als las ob Ges
Pl LB pe ALS Ol gp Sl adk fe ory gl ab lil
SS as5b We 02 Sl 4d pads
Whoever sells a slave and the buyer sells him [to another buyer], then he
is returned [to the first buyer]°*° due to a blemish; if [the first buyer] had
accepted him [back] due to the adjudication of the judge (qadi), then he may

return him to the first seller, but if he had accepted him without the
adjudication of the judge, then he may not return him to his first seller.

Nd pad Cae IS ye Bel Wl SUI Lg Le ic REI es
Lotay dy gel AL ped Ol 9 ee 22
Whoever buys a slave and the seller stipulates immunity from

[responsibility for] every blemish, [the buyer] may not return him because of
any blemish, even if [the seller] did not mention all the blemishes nor

enumerate them.°2!

BAY‘ FASID —- INVALID TRANSACTIONS
MALLE AMS duld SBF LAIST | gall doh SIS 15)
PSS gle pb pM ITI MIS 9 HEL ol FL slowly
When either of the two considerations, or both of them, are haram, then

the sale is invalid, such as the sale of carrion, blood, wine (khamr) or pigs,
and likewise, when the object of sale is not owned, such as a free person.

The sale of the umm al-walad (slave-woman who bears her master’s

child), the mudabbar (slave who is to be freed at his master’s death) and the
mukatab (slave who is purchasing his freedom from his master) are invalid.

Bay‘ Gharar — Uncertain Transactions
DUS ay Vy «colle, OF LS Ul bead ay jot Vs
el gl 3

It is not permitted to sell fish in water before they have been caught, or
birds in the air.

ee de 45 Yo eel Yo Cres 3 jot (2 19% Yo
& pS WN ay Vo ol

It is not permitted to sell a foetus in the womb, the issue of this foetus,
wool on the back of the sheep or milk in the udder.

4 2 9 Bhs Oe Fle ae Ve coe O £1099 ae JY
( skcco dle (Baal 3 SM eli
42 Py JOD! Ne pod! ap 529 dal ae Vo ue
It is not permitted to sell one cubit of fabric,’** a beam from a roof, a

single casting [of the net] of the hunter,**’ the muzdbanah sale, which is the
Sale of estimated fruit on the date-palm in exchange for picked dates.

oduLl 9 Awe All 4 pt ell ee 3 3= Yo

The sale by way of stone-throwing’~* is not permitted, or by touching
(mulamasah) or throwing (mundbadhah).°*?
ws OX oe az IE
Selling one out of two pieces of fabric is not permitted.’~°
gh ASR shops gh ag Fall adtey Ol fe Lue eb gay
ON de le eb 3} WIS ld edb este ON de dal ob
haglas 42 SUI en Ol de Lyle al Lygt alsl ders
a) Se Ol je gl cl yo 6 pal rer yesae| js 9\
Whoever sells a slave on the condition that the buyer shall set him free,
arrange to set him free on his death [as a mudabbar], or make a contract with
him to purchase his freedom [as a mukdatab], or sells a slave-woman
[stipulating that the buyer] shall make her an umm al-walad, then the sale is
invalid. Likewise, if he sells a slave on the condition that the seller [himself]
will avail of his services for a month, or [sells] a house on the condition that
the seller will reside there for a known period [of time], or on the condition

that the buyer will lend him a dirham, or on the condition that [the buyer] will
give him a gift, [all such transactions are invalid].

ld ASB etl ly Deke Vol Ue ee gb yes

Whoever sells property on the condition that he will not submit it [to the
buyer] until the new month then that sale is invalid.

aad dnd le SA gh da yle eb yes

Whoever sells a [pregnant] slave-woman or a [pregnant] pack-animal,
excluding its foetus, the sale is invalid.

gh lS ol leaped ala 9 SWI aabad SI bel So Hl yes
Held aSlb YS pty gl Legde OI Me dbs

Whoever buys fabric on the condition that the seller shall cut it and stitch
it into a shirt, or [into] an outer garment, or [buys] a sandal on the condition

that [the seller] cuts it out or laces it [for him], the sale is invalid.

13) a5¢dl eds syle! epee Sle pally ja pl d) adlls
Jul MS Sle Gye J
The sale up to the Nayroz (Persian New Year’s Day), the Mahrijan
(Persian Autumn Festival), Lent (the fasting of the Christians) and Passover

(festival of the Jews), when the two parties to the sale do not know that, are
invalid.°*’

SB gE agdg ladle whl slat! J andl i594 Ve
billy sbabl 8 WI EL of JS JI LLL Lely
pall Sle ZEN e938 Ly
The sale [which is conditional] on the harvesting [of crops], the threshing
[of crops], the picking [of grapes] and the arrival of the hajj pilgrim is not
permitted, but if both of them agree to drop the [conditional] time limit

before the people begin harvesting and threshing [the crops], and before the
arrival of the hajj pilgrim, the sale is permitted.

Ais Bg SUN pol old! acl S aedl og RAL (25 15] 9
sal JS arab aiejly anh! cle Sle legis toly JS obase
drs bai 6 PEM Aol Go add padlalll ss
In the invalid sale, when the buyer takes hold of the object of sale with the
permission of the seller, and there are two considerations in the contract both
of which are property (mal), he gains ownership of the object of sale and its
payment is binding upon him and each of the contracting parties has the right
to rescind it. If the buyer sells it [on], his sale is executed.
cLegd aedl Sle: diye 9 ASS BLE gl Weg > Qe Ae Yee
3 Aball poe ont Weg OL OW gh peg LE OW fr cree
Cpl ie Anew dual
Whoever combines a freeman and a slave [in one transaction], or a

slaughtered goat and a dead [goat], the sale is void in both of them, but
whoever combines a slave and a mudabbar, or his [own] slave and the slave

of someone else, the sale of the slave is valid according to his share of the
price.

On Abhorrent Transactions
geal) 89 cel oe pling ale al be Ul Joey ary
Bact GS) we
The Messenger of Allah « forbade us to bid up the price (najash),°*°
bidding (sawm) over another’s bid,’*? meeting merchants [before they reach
the market] (forestalling), the city-dweller selling on behalf of the country-
dweller (bay‘ al-hadir li’l-badi) and selling during the adhan of Jumu‘ah
[prayer].
po dl ay dents Vy SX WS JS 9
All of these [sales] are abhorrent but the sale is not rendered invalid
because of them.
Syl oY A= wm 9 L@ss\ CR ue pS hk Ne jy09
c\ Ame No aS LP r>| MS 1>\ NAS ge 9 ye 3
PLB AT UT SL a andl Slay W305 Ley 53 Ob
een dL
Whoever acquires ownership of two minor slaves, each of the two being
prohibited for marriage due to consanguinity for the other (dhu rahm
mahram), [the owner] should not separate them,*”? and likewise when one of
the two is major and the other is minor, if he separates them, it is disapproved

but the sale is permitted, but if both of them are major, then there is no
objection in separating them.

JEW Ob

IQALAH — NEGOTIATED RESCISSION OF THE
CONTRACT

SN SSM pel Je AEM 9 SLY andl Gd Sple AVY
Jl oil bc op g Mol Lo 23B are $81 gl are 45 Ab 44
SII BLE S Bate ay ttle & 3 ab es
Negotiated rescission of the sale is permitted, for both the seller and the
buyer, with the same initial price. So, if one stipulates the condition of more
than that [initial price], or less than it, the condition is void and [the
commodity] is returned [to the seller] according to the initial price,’°! and it
is a cancellation (faskh) [of the sale] with respect to the two parties to the
contract, [but it is] a new transaction with respect to someone other than
those two, according to the verdict of Abu Hanifah, may Allah have mercy on
him.
gous ait pull Adley ABY dove ais Y yaill Stay
Sb SDBY Sie aad ae cle ls
The destruction of the payment (thaman) does not prevent the validity of
iqalah,°°* but the destruction of the object of sale does prevent its validity,?*?
but if [only] a portion of the commodity perishes, igd/ah is allowed in the
remainder of it.?°*

AdgSly dou! Aol
MURABAHAH - PROFIT-BASED SALE — AND
TAWLIYAH — PROFITLESS SALE
BL 5 ae Jal Qedk Jal Aad oe be UB oul I
C4

Murabahah is the transferral of what one gained ownership of in the
initial contract with the initial price, plus the addition of profit.°*°

LS oe IN ode TaN sal he Lb WB Ads
73 ek

Tawliyah is the transferral of what one gained ownership of in the first

contract with the first price, but without the addition of profit.°*°

Seal Le 2 gal Op o> Ades Yo dou! hl pai Vy

Murabahah and tawliyah are not valid unless the object under
consideration is something that is fungible (mithl).°°’

SNM y Flay sled dot UI oly Date Ol j 94s
lala Le Sas jad!»
It is permitted to add the wages of the fuller, the dyer, the embroiderer,

[the cost of] the twining, or the cost of the transportation of food, to the basic
cost (ra’s al-mal).°°°

JAS ay JAN 2) 9B Vy AIK Le eb J gt 9

He says, “It cost me so much,” but does not say, “I bought it for so

much 99339

gh ae IPL 98 Sel Ll 3 BLS Ue AEN Albi Ob
o>) Fa O19 (pel apery odd 23 Oh ds al)\ AP) Adm

If the buyer becomes aware of a deception in the murabahah, he has a
choice, according to Abu Hanifah, may Allah have mercy on him: if he
wants, he may take it for the total price, or if he wants, he may return it

ge Sy cco Ge etal Aldi 8 SLE de abl ols
If he becomes aware of a deception in a tawliyah [transaction], he may
drop [the amount involved in the deception] from the price.**! Abii Yisuf,
may Allah have mercy on him, said that he does not reduce [the price] in
either of them,’*** but Muhammad, may Allah have mercy on him, said that

he does not reduce [the price] in either [case], but [rather] he has a choice in
both [cases].°*°

Anand) gm dap dl 5H J N59 Je eS os Ral oss

Whoever buys something that may be moved and transferred,’ it is not

allowed for him to sell it [further] until he has taken possession of it.
leery deg: aly dag Gl ie Ail LS lil ay 5 945
59 TY dhs al aey oe SEs cal
According to Abu Hanifah and Abu Yusuf, may Allah have mercy on

them, the selling of real estate (‘igar) is permitted prior to taking possession,
but Muhammad, may Allah have mercy on him, said that it is not permitted.

A335) gh DLS c23jl p0 gj 90 gh ALIRs WKs GAS! yey
Vy dary Sl are G REAM 5A J Al ge 3] AUIS: ae 63
S5d9 JSD) ta Se TL
Whoever buys a measured item by measuring, or a weighed item by
weighing, and measures it or weighs it then sells it by measuring or weighing

[it], it is not permitted for the one who buys it from him to sell it, nor to
consume it, until he has repeated the measuring and the weighing.°*°

SE 2d 8 ol 8 Gpaily

Transacting with the price [the sum to be paid] prior to taking possession
of [the commodity] is permitted.**°

RRO! WN 5 99 ol SW Y pol speed 5545
Cred oy dot 5 J 963 (ell 3 (Spero
It is permitted for the buyer to increase the price for the seller,’*” and it is

permitted for the seller to give extra as the object of sale to the buyer. It is
[also] permitted for him to reduce the price [of the commodity, for the buyer].

The entitlement is connected to all of that.°*°,°*"
Se be sle leghas Mel abel SJ gab eb yey

Whoever sells with immediate payment, then postpones it for a known
period, it becomes deferred (mu’ajjal).°°°

O <yepBI YI Me je ole ape abel 151 JE Geo WSs
[With regards to] every debt (dayn) due, whenever its creditor postpones

it, it becomes deferred (mu’ajjal), except the loan because its postponement is
not valid.?°!

Lob
RIBA — USURY
Delete dani ay 13) 095 94 NS JS SFL
Riba is haram in every measured or weighed [item] when bartered [in
exchange] for something of its own genus with quantitative disparity
(tafadul).°°?

dl ae O53 gl itl ae LS a8 ALE
The underlying cause (‘illah) in it [riba] is measuring (kayl) against the

[same] genus, or weighing (wazn) against the [same] genus.*°°

cdl Sle JRE Ms anion 9b ghl gl auion LSU ay 15

JF ANB Oly

When the measured [commodity] is bartered [in exchange] for [another
commodity of] its [respective] genus, or the weighed [commodity is bartered
in exchange] for [another commodity of] its [respective] genus, like for like,
then the sale is permitted,’>* but if there is a disparity,*° it is not permitted.

Jig Me YL Mag le waka ay 554s

The sale of good [quality in exchange] for a bad [quality] in [potentially]
usurious [commodities] is not permitted, but only like for like.°°®

Sales Jo ad! epoall galls ntl Sliog!! pe 15) 9
LPsal toy 131 9 rll, Lobel a> loeg Ml y eLly
rludl epay poled! Jo Sl ety

When both properties [of the commodity] do not exist, [that is]:

1. The genus, and

2. The factor that is attributed to it [like measure or weight],

quantitative disparity (tafadul)°°’ and delay**® are [both] allowed,°°’ but
when both of them exist, then quantitative disparity and delay are prohibited.
If, however, one of the two [properties] exists and the other does not exist,
quantitative disparity is allowed but delay is [still] prohibited.°°°

pet Se play ade alll Le alll Sou usd erst Wo
Soe JS AB LN 3 OL g hal Je ged US 4d Lola
he All JS guy Gad ect Sa cella padlg patty dled
Sh alalaige Bia Jalal 2 Je playa al
ade Gar J leg A cdlly Had) fe a3 5 I HU! Jy
UI olole Je J ge 548

Everything for which the Messenger of Allah « stipulated the
unlawfulness of quantitative disparity with regards to measurement is always
measured, though the people abandon measuring it, for example, wheat,
barley, dates and salt, and everything for which the Messenger of Allah «
stipulated the unlawfulness of quantitative disparity with regards to weight is
always weighed, though the people abandon weighing it, for example, gold
and silver, and whatever he did not stipulate, that depends on the customs of
the people.°°!

Avago pad ad pin OUI ate Us aby b Grell ales
Ad pas Ve Sal ad poe J) 48 K ol ga leg c pele 8

eles

The contract of exchange (sarf) that takes place in the genus of prices
(athman) [like gold and silver], is determined by the taking possession of
both parts to be exchanged in the same session (majlis).°°* Whatever else
[there may be] other than that, in which there may be riba [like that which is

measured or weighed] what is considered is the specification but their taking
possession from each other is not considered.°°°

RadSb
The sale of wheat for [the exchange of] flour is not allowed, nor for

barley-mush, and likewise, [the sale of] flour for barley-mush [is not
permitted].

Lge) dws ly dade yl uc Gladh ard! ae 599

LESTE Sob My ale pod 5 3 Sig dl BLE FS pou

The sale of meat [in exchange] for an animal is permitted, according to

Abu Hanifah and Abu Yusuf, may Allah have mercy on them, but

Muhammad, may Allah have mercy on him, said that it is not permitted,

unless there is more meat than there is on the animal, so the meat is

equivalent to its like [in the weight of the animal] and the extra [meat is] for
the leftovers [such as bones, skin, etc. ].

WISg dagm gl vis Jie Wee tl Gb ay 594

mee JE val

The sale of fresh dates [in exchange] for dried dates, like for like, is

permitted, according to Abu Hanifah, may Allah have mercy on him, as is
[the sale of] grapes for raisins.

39 Be EAMG ened Co BL II aw bat YS
Cpe OsN8 (ened 9 O92 ¥l 3 Es BS cesls ce il
drat dab hy ales
The sale of olives [in exchange] for [olive] oil is not permitted, nor
sesame for sesame oil, unless the [olive] oil and the sesame oil are more than

what [oil there] is in the olive and the sesame so the oil will be equivalent to
[the oil] and the extra [will be in exchange] for the dregs.

NS dolar bas gee Falko Glo! (2 199
Delite jaay ae Gilly AN 9 LY OUI

The sale of two different meats,°°* one of them [in exchange] for another,
in quantitative disparity, is permitted, and likewise, the milk of camels, cows,
goats and sheep, one for the other, in quantitative disparity [is permissible].

Su lanes ol 9

[The sale of] the vinegar of dates [in exchange] for the vinegar of grapes,

in quantitative disparity [is permissible]. The sale of bread for wheat and
flour with quantitative disparity is permissible.

Al lo Bg Aly hall gy Ve conse y Doll ely Vs

There can be no ribd between a master and his slave,°°° nor between a
Muslim and a belligerent (harbi) in dar al-harb (enemy territory).°°°

ela ol
SALAM — ADVANCE PAYMENT
YAN Slogtally obs jolls OS & FE whl
Sieg Aly adhe 5 AIS cles
Salam is permitted in [the case of]:

1. Dry-measured,*°”
2. Weighed,

3 Counted [commodities] that are not irregular such as walnuts and eggs,
" and

4. [Commodities] measured by length.°°°

Node aglbl Yq cadl bl 8 Yo dig dt & whl! 554 Vs
Salam is not permitted for:
1. Animals,

2. Or for their appendages [such as their feet, skins, bones, etc. ],
3. Numbered hides,

4. Bundled firewood,
5. Bundled alfalfa, or

6. For packs of ripe dates.°°?

i He oye lage ge 4B LM OS ge phd 5g
Jed oe J}
Salam is not permitted unless the commodity for which the advance is to

be paid (muslam fthi) is present from the point of contract till the point of [the
expiry of] the duration.’””

ashes Seb S598 Wy De he Vlad coe Ys

Salam is not permitted unless it is delayed,’’! and it is not permitted
unless it is for a known period.°’

BV 9 cate Joy gL Vy cate Joy SLX lial 5 94 Vs
Liew ABS 3, By clea A 3 ela
Salam is not permitted:
1. With the measuring instrument of a specific person,
2. By the cubit?’? of a specific person,
3. For the food of a specific village, or

4. For the fruit of a specific date-palm tree.°”*

358 Ja5)\ poi aye Sal aay dam al ae glitl pes Vs
diideg cAaglas day coglas & 939 ca glas aie ideal! G
lay Le SIT NS) SUM Gol shade 2b ,neg ca gles Joly caghas
ISM Ayands cogtably So jolly JIMS cojlrde fe rds!
Asgag Je a OS dladadly sil
Salam is not valid, according to Abu Hanifah, may Allah have mercy on
him, except when seven conditions are stated in the contract:
1. Known genus,’”°

2. Known category,?”°

3. Known description,”

4. Known amount,
5. Known duration,

Knowledge of the amount of capital (ra’s al-mal), when that which the
6. contract applies to, like the measured, weighed or counted
[commodities], is according to that amount,

The designation of the location wherein he will [deliver] it, when
transport and supply are due from him.°’”°
SU ol pend Si cet Val Lge boty args gel SB
Abu Yusuf and Muhammad, may Allah have mercy on them, said that one
need not mention the capital [amount] when it is [already] specified, nor the
location [where the goods] are to be surrendered, and he submits it in the
place of the contract.
45k ON JS SU oly eas o> oli pees Vy
Salam is not valid unless [the seller] takes possession of the capital before
he separates from [the purchaser].
Yo al JS 43 olLadl SVs SU HL SB Gpadl 594 Ve
Arad LB ad gledl & Adgll Vy a2 5 94
Transacting with the capital and the commodity for which the advance is
to be paid (muslam fthi) is not permitted prior to taking possession of it, nor
is [any form of] partnership or tawliyah (profitless sale) permitted in the

commodity for which the advance is to be paid (muslam fthi) prior to taking
possession of it.

D9 Vo 403) 9 Lert 9 Web co 13 OLS 3 ell roe »
537) V9 Alt! Be

Salam in clothes is valid when one mentions the length, the breadth and
the thickness, but it is not allowed in gems or in beads.

Legae Like cow 15 ay UB Lidl ol Vy

There is no objection to [the validity of] salam in unfired bricks and fired
bricks when a known brick-mould is specified.

The Conditions for the Validity of Salam

Lag cd lull je oyltie 2b ney arte Lio Sal be SS
Ad hull 54 Y alike bpas 9 arte Lend 3S Y
Salam is permitted in everything which it is possible to describe or know

the measure of accurately, and anything which it is not possible to describe or
know the measure of accurately, salam is not permitted in it.

wt) ay 598 Vo gladly silly US! ay jets
SoM Yy SBI a2 OS SIV Bl 099 ay 98 Von sly
The sale of a dog, cheetah or predator is permitted, but the sale of alcohol

and swine is not allowed. The sale of silkworms is not permitted unless it
includes the silk, nor is the sale of bees [allowed] unless with the hives.

RDN pod BY ol WT Sle B aad Joly
wrrte gs praall be lull niaS oF! Je goric Oi dele
alll be phnkl niaS 2 2 Js
The dhimmis, in sales, are like the Muslims, except only in [the sales of]
alcohol and pigs; their contract for alcohol is like the contract of the Muslim

for juice, and their contract for pigs is like the contract of the Muslim for
sheep and goats.°””

Yall ob
SARF — CURRENCY TRANSACTIONS/EX CHANGE
SUN atm Sy dee gt (ya toly JS OW 131 andl 9 Gall

Sarf is that transaction when each of the two things to be exchanged are
from the genus of [commodities used as] prices.?°°

Ol s She Mee VL 54 Ld Gk bed ol dad ad eb ob
doLuall 9 52541 3 Laks|
If someone sells silver [in exchange] for silver, or gold for gold, it is not
permitted unless it is like for like, even if they differ in quality and form.**!
SAT So Ge gal 29 Oe Vy
Taking possession of both considerations prior to the separation [of the
parties] is necessary.°°*
SO) pele) cass beled je aaah oes rb |3) 3
daa) Jl Psat gl nd gall (25 LS Gall 3 fal
When one sells gold [in exchange] for silver, quantitative disparity is
permitted°*’ and taking possession from each other is obligatory. If they
separate during the transaction of sarf before taking possession of both things
to be exchanged, or of either one of the two, the contract is void.?**
Aad 13 Spall gf b Spall jg Vs

Transacting with the price of the sarf prior to taking possession of it is not
allowed.°°°

Asj\& Lads ail te 93

Trading gold for silver [based] on conjecture [as to the weights] is
permitted.°°°

Ot 2543 LY? 0 gen ately gaye le Ne es FL Oey
BOL g Mall dam 2 LS gill O89 cand! Sle Gun a8
BOW legit pe Qrnsdl ode JS SB OL MIS y U3 oe
Ad2\ 3 aaa)! We Bl so Lally
Whoever sells an ornamented sword for one hundred dirhams, when its
ornaments’’’ [alone] are [worth] fifty dirhams, and [the buyer] pays fifty
dirhams of its price, the sale is permitted. The [payment that is] taken shall be

for the share of the silver, even though he does not explain that, and likewise,
if one says, “Take these fifty [dirhams] from the price of the two of them [the

sword and the ornaments].” If both of them do not take possession before
they separate, the contract [regarding] the ornaments”’® is void.

AISI 3 Slee 9 teal 3 and Ge 9 pe pee pAb OO 5

If [the ornaments] can be removed without damage, the sale of the sword
is valid but it is invalid in respect of the ornaments.°®”

Lad Aba lay aad aay 25 by Bil ob Add ob EL gas
Legig: Spite BY OSs WAS Ld rey ah
Whoever sells a pot [made] of silver, then the two [parties] separate and
[the seller] has taken a portion of its price, the contract is invalid in whatever
he has not taken possession of but valid in whatever he has taken possession
of, and the pot is shared between them [according to their respective shares of
ownership].
BS1 old Ob ylLbL 6 REM GIS LY) 20 gecel Ol
ody LS Og cope oye ttre SLI
If a portion of the pot was the entitlement [of someone else], [then] the
buyer has the choice:

1. If he wants, he may take the rest for its share of the price, or
2. If he wants, he may return it [all].

A ole
Whoever sells a piece of silver when a portion of it was the entitlement of

someone [else], he takes the remainder of its share [of the price from the
seller] and he has no choice in it.

JS oes ardl Se pavey gale Llbos My Eb Yes
NN dl ye Yoo Quad gets
Whoever sells two dirhams and one dinar [in exchange] for two dinars and

one dirham, the sale is permitted; each of the two [types of] genus is regarded
as a substitute for the other type.

CSS 9 ardl Sle lars palyos pda Ayo phe tol el yes
way Dey cls 3 tall
Whoever sells eleven dirhams for ten dirhams and one dinar, the

transaction is permitted; the ten [dirhams] are equivalent [to the first ten] and
the dinar is [regarded as being in exchange] for the [eleventh] dirham.

a 93

The sale of two sound dirhams and one unsound dirham for one sound
dirham and two unsound dirhams is permitted.

Oh 9 Aaa) Se 3 gb deal gal pall de SA OIF 131 9
PU Se Be OM bl de all oS

Tee wy UE 09 tree Udy

If silver is predominant in the dirhams, they are [reckoned] according to
the ruling of silver, and if gold is predominant in the dinars, then they are
[reckoned] according to the ruling of gold.

LEIS soe ke Joli Fy bed ad

Whatever is taken account of in [the case of] perfect [coins] with regards
to the unlawfulness of quantitative disparity is [also] taken into account in
these two (i.e. coins which are either predominantly gold or silver).°”°

EAL y pal yAll SS BL 5)! Legale IB OS ol

29) Se 3 begs

If adulteration is predominant in both of them, then neither is under the

ruling of dirhams or dinars; they are both under the ruling of goods.

dale Lye SFE Og caadl Sle Medlite Upaion Caney 13E

A aed) flr (a. BL, ALM ld) 378 Sus .

ade : ILS lary aug gl Jb, dS lar dice Ul

eclen es

Thus, if they are sold [in exchange] for their genus with quantitative

disparity, the transaction is permitted. If one buys goods with them, and
thereafter they become unmarketable (i.e. out of use) and people have
abandoned trading with them before [the other party] taking possession [of
them], the sale is void according to Abu Hanifah, may Allah have mercy on
him, but Abu Yusuf, may Allah have mercy on him, said that its value on the
day of the sale is due from [the buyer].°?!
Lee wld Jalen be ST ged ade: SLs all ary Let So
Muhammad, may Allah have mercy on him, said that its value at the last
time people transacted with them is due from him.
belS CSS 9 cope F OL g MBL ool andl 5 9s
Sale is permitted with copper coins (fuliis)’°* which are in ready demand

even if one does not specify it, but if they are not in ready demand, the sale is
not permitted with them until one specifies them.

AS add fly ABI JS OAS 5 ALI ogldl FL 13
When one sells [something] for copper coins (fulus), and thereafter they

become not in demand prior to taking possession, the sale is void according
to Abi Hanifah, may Allah have mercy on him.”

oly be aplerg apdl Ge Leg gaye ay Let CAI Oey
i Oe pape ay
Whoever buys something with half a dirham’s worth of copper coins, the

transaction is permitted and that which has been sold for half a dirham of
copper coins is due from him.?”4

Advan 9 lugld Adar shel : Jl LA» Bne Jecl yey

SUS al aay daze cl ce andl ball dae Vl lial

ch bed Jer g cw gldl 8 all Sle : Sls all Lewy Ve
aod! Ske (Am VY ray Legs gay9 has gheel) SB sls

Whoever gives one dirham to the money-changer (sayrafi) and says,
“Give me copper coins for a half of it, and for [the other] half of it, a half
[dirham] minus a little amount,”°’° the transaction is invalid in all of it,
according to Abu Hanifah, may Allah have mercy on him, but Abu Yusuf and
Muhammad, may Allah have mercy on them, said that the transaction is valid
in the copper coins and invalid in the rest.’’° If he says, “Give me half a
dirham in copper coins and a half [dirham] less a little amount,” the
transaction is permitted.

PUily dm YT] pay aa 4} 9 | pre LA) shel) JE Je
peel payll ell de VY Heal OT andl Sle (Legh
gl bb sully
If he says, “Give me a small dirham whose weight is half a dirham less a
small amount, and the remainder as copper coins,” the transaction is

permitted; the half [dirham] less a small amount is in payment for the small
dirham and the rest in payment for the copper coins.

PMS

RAHN — PAWNING

2b ods JS ply CETL dee Gl
The [contract of] pawning (rahn)*’’ is concluded by offer and
acceptance,’”’ and it is complete by taking possession.°””

43 Ala) 6S jot LE pie |) 9% Gay)! oF shl L258
When the pledgee (murtahin) takes possession of the collateral, which is
distinct, absolute and unattached,*”° the contract in that is complete.
cay lO) 9 cag tobe cle ls IPL pal baad Jey
OAs UF
So long as [the pledgee| does not take possession, the pledgor (rahin) has
a choice:

1. If he wants, he may surrender it to [the pledgee], or
2. If he wants, he may walk away from the [contract of] pawning.

Aled d> ddaid ad] dele (33
When [the pledgor] surrenders [the collateral (marhun)| to [the pledgee]

and he takes possession of it, it enters into the responsibility (daman) of [the
pledgee].*?!

oe DVL Sgeee 929 cy gode Cp Vl Gal ron, Ys
Cel peg ios

Pawning is not valid except [in exchange] for a guaranteed debt,*°* and it

is guaranteed for less than its value*’? and [less] than the [amount of] the
debt.

cye le Fl gu Cpls ALD 9 pg? ph! He 3 (pelt Ube ISl2

Cpl oye FS cyl And CUT Shy LES aa Wages

oye Aas DVS oye SSI pad Ae CHIT Oly ULI Lads
bad et! (213 Layne Spall

If the collateral perishes [whilst] in the possession of the pledgee, and its
value and the debt were equal, the pledgee becomes, ipso facto, someone who
has fulfilled his debt [that was due for it].7°* If the value of the collateral was
more than the debt, then the excess is a trust.*2° If, however, the value of the
collateral was less than that [of the debt], then its equivalent [value] lapses
from the debt and the pledgee recovers [only] the excess [from the pledgor].

592 JES dy de BE gay Vy FEN pa) 554 Vo
SPS ye) 598 Va 2) 092 V2 S £05 Vo coal
lee aril
Pawning common property (mushd‘) is not permitted, nor is pawning fruit
on the date-palms without [the inclusion of] the date-palms nor crops in the

field without [the inclusion of] the field, and pawning date-palms and land is
not permitted without them [the fruit or crops].

ob Lali. Sl gall 3 alas ObLYL py cr Yo
aS i3\ Slog
It is not valid to pawn things held in trust (amanah), such as deposits
(wadi‘ah), borrowed items (‘driyah), property that is involved in a profit-and-

loss sharing deal (mudarabah) and property belonging to a partnership (mal
al-sharikah).

OB cad lady Spall £9 led Sle ele p53) coves g
Logins ot ll slag philly Spall ai taal lt Bb tlle
LX> aad
Pledge is valid with the capital of salam property, [with] the payment of
sarf and [with] the commodity for which the advance is to be paid (muslam

fthi). If it perishes in the session of the contract [after the pledgee has taken
possession of it], the [transaction] of sarf and salam will be [deemed to have

been] completed, and the pledgee becomes someone who has, legally,
collected his right.
re 2 ede Ge Ste G2 Ne Gayl ae de al 13) 9
Oe Obed Gye he 04 B the 513 co ge odd! sal UVe
When they mutually agree to place the pledge in the possession of a just
person, it is permitted, and neither the pledgee, nor the pledgor can take it

from him. If it perishes in his possession, it is [deemed to have] perished at
the liability of the pledgee.

O95 Ahly LSM: by ell pe) J 549

It is permitted to pledge dirhams, dinars and measured and weighed
[items ].

delually do941 3 abs

If one pledges [something for something] of its genus*”® and it perishes,

its equivalent is [deemed] to have perished from [the total value] of the debt,
even though they may differ in quality and workmanship.

NW ail gle attibays Poards Bone be pod WS yey
Liens oil Sbg SLa al ary dase ul re al ood 1B by 5
Wt $e pap 9x SI Boon Shs all gry ty
Whoever is owed a debt by another person and takes from him the
equivalent of his debt and spends it, then comes to know that it was
counterfeit, according to Abu Hanifah, may Allah have mercy on him, there
is nothing for him.*°° Aba Yisuf and Muhammad, may Allah have mercy on

them, however, said that [the creditor] is to return the same as the counterfeit
[currency] and resort [to the debtor for] the genuine [currency].

ola OR Bp Poel dee (at SL pre Or) yyy
Pl Bb GR > 42k

Whoever pawns two slaves for one thousand, then discharges the share of

one of the two, it is not [permitted] for him to take possession of [that slave]
until he has settled the remainder of the debt.4

was aM ay BLES oh Sadi sh oe bl pal tl IS 138
BSle DIT SE pall J gle>
When the pledgor authorises the pledgee, a just person, or someone other

than those two [as an agent] to sell the collateral when [payment of the] debt
falls due, such agency (wakalah) is permitted.

JB yc dze gal wd yal sde 3 DIS ob 3 Ob
Lal Spee d galtlok oly Sjan J ajo
If the agency is stipulated as a condition in the contract of pawning, the
pledgor has no right to remove him*!” from it. If he removes him, he is not

[legally] removed,*!! and if the pledgor dies, he will not be removed [then]
either.

Ay Aan 9 Airs Syl MN ey I 5g pally
The pledgee may demand his debt from the pledgor, and he may [even]
have him detained for it.*!
ab go> day 2 AK Sl ade edd oy b ENO OI»
AS! ‘po JI ol a) 8 cpl ols lols ak ee cpl
If the pawned item is in the possession of [the pledgee], he does not have
to allow [the pledgor] to sell it until [the pledgee]| has taken the debt from its
price, and when [the pledgor] has settled the debt, it is said to [the pledgee],
“Surrender the collateral to him.”4!°
OB F590 ASE Og Al O3) pe Ges! oAL)l eb lls
Se Ao ye yal La hg Se ge ph ple
If the pledgor sells the collateral without the permission of the pledgee,
the sale is suspended:

1. If the pledgee allows it [to go ahead], it is permitted, or
2. Ifthe pledgor pays off his debt, it is [also] permitted.

OWS OB cate 18 yg MN O51 pe gay) Le gal! Geel ol s
ISIE WT 31 geplelL ALIVE spllal ge gal
| nr MS 9c cpl NH > lKe lin led tll dad avs

If the pledgor sets free the slave given as collateral without the permission
of the pledgee, his being set free is expedited.*'* If the pledgor is comfortably
well off and the debt is due, he is asked to settle the debt. If it is due at a later
date (mu’ajjal), the value of a slave is taken from [the pledgor] and it is
pledged in place of [the freed slave] until the debt is settled. But if the
pledgor is poor, the slave is set to work to settle his [own] value and, thereby,
pay off the debt. Then the slave recovers it from the master.*!°

oe Ab Cael PUG U Son Oh gc cpe yl opal Si A geal NMS 9
Likewise, if the pledgor uses up [or destroys] the collateral [the preceding
case applies]. If a stranger uses up [or destroys the collateral], the pledgee is

the claimant in being compensated;*!® he takes the value and the value
becomes the collateral in his possession.

Feabud Ade Of Ml Alin g gee yall be yal Sales
BE9 oe HN deg ell be el Sle g Lap Gall Gs
je LAL
The offence of the pledgor against the collateral shall be [duly]
compensated.*!”
The offence of the pledgee against [the collateral] reduces the debt in
proportion to [the offence].*!°

The offence of the collateral against the pledgor, or against the pledgee,
and against their property is disregarded.*!

PUM ae ly cog ll de all ag Lett GUN Baty
ORS al ofEy ald de yas dads cols! de
Se as ls ell

The charges for the house in which the collateral is kept are due from the
pledgee, but the wages of the guard are due from the pledgor and the
expenditure for the security of the collateral is [also] due from the pledgor,
and its increase**” belongs to the pledgor, and so the growth is [also]
collateral along with the original.*+!

Led! gig hol CMe lg ced pay cle ell CMe Ob
oo CS Cp yl Ae’ as Cpl woes 9 (Axaru (pal Jl AK |
SSD oy ltl ded Le 2

If the increase perishes, it perishes without anything.*** If the original
perishes but the increase remains, the pledgor redeems it according to its
Share, and the debt will be divided over:

1. The value of the debt on the day it was taken possession of, and

2. The value of the increase on the day of its redemption.*~°

eL SI wel leg coy Ads Spl iY Jon, he’! wel A)
4) (yal Jt acl
So, whatever misfortune happens to the original, it drops from the debt in
proportion to it, and whatever misfortune happens to the increase, the pledgor

redeems it.

gl se pill 3 dab I 59 Vo coal 3 dak M5943
Jl89 clay: Lay GRMN pres Vy DLS all Lge) rety ddte
Bhim gay Dla aN ay chargagil
It is permitted to increase the pledge, but it is not permitted to increase the
debt, according to Abu Hanifah and Muhammad, may Allah have mercy on
them. The pledge does not become a pledge with the two of them,*** but Abi

Yusuf, may Allah have mercy on him, said that it is permitted [to increase
both the pledge as well as the debt].

Sle egies tml IN ere Cle wie Baaly Les Ge) IS) 9
tale JS de Sgeally cligie oly JS ce pe) Lents
3 lay WS OIF ans sel 925 Ob cles aus de Ligs
ay Sgt o> SV
When someone pledges one item (‘ayn) with two men for a debt with each
one of the two, it is permitted, and the whole of it is a pledge with each of the
two. What is guaranteed to each of the two is the portion of his debt from it.
If [the pledgor] fulfils the debt of either of the two, the whole of [the item]

becomes a pledge in the possession of the other until [the pledgor] settles his
debt [with that other pledgee].

asialb cates ELS pSL GRAN aay Ol de las eb gay
Of LAL oul OWS 9 cade nt J pal wand 2 6 tM
SFM aby SIT ged Gd LE Ly egal Si ga)

Lay SB spall Aad day sl le ail

Whoever sells a slave on the condition that the buyer will furnish a pledge
with him of something specific in lieu of the price, and the buyer refuses to
Surrender the collateral [to him], [the buyer] is not compelled to do that, and
the seller has a choice:

1. If he wants, he may accept the abandonment of the pledge, or

If he wants, he may rescind the sale, unless the buyer pays the price

2. immediately or pays the value of the collateral, which becomes

collateral.

Gil avsldg oy 9 diag} 9 ded, oN Leas Sl ne pals
The pledgee may protect the collateral by himself, his wife, his children*~°
and his servant who [resides] in his household. If he protects it with anyone

other than someone who is in his household, or he deposits it [with someone
else], he is liable for it [himself].

eee aa)! Glee aoe Or) B Og tl Grd IS) 5

Shen 8 GE AaB yal Moa og pl shel 13] 5 aed
Oe rls cot pee Me gal Il y 3 Me ob cog ll
Cole 3h g cae Gly all ole odS1 15 coy DI dam fin OI

29 3 SF OB cel cabs Gall tres eb GAL
daw oysly luog 4d g2ld) cual

When the pledgee violates the [rights due to the] collateral, he is liable for
it [with the same liability as] the compensation due for expropriation (ghasb),
[according to] its complete value.

When the pledgee lends the collateral [back] to the pledgor and he takes
possession of it, it leaves the responsibility of the pledgee.**° Then, if it
perishes [whilst] in the possession of the pledgor, it perishes without
anything.**’ The pledgee may retrieve it into his [own] possession, and when
he takes it, the responsibility returns to him.

When the pledgor dies, his executor (was) sells the collateral and settles
the debt. But if he has no executor, the judge appoints an executor for him
and orders him to sell it.

pti ks

HAJR — LIMITATION ON SOMEONE’S LEGAL
COMPETENCE

Jbl y Ny jaeall 2I9U jred Bo gl OL
There are three factors that require limitation on someone’s legal
competence (hajr):
1. Minority,
2. Slavery, and
3. Insanity.

YY] dd) Bad 5 9H Vy cad OSL VI) parcdl Spd 5 9H Vy
Jlou abés Ne glad 5 sind Spat 5 5 Vy code Sb

Minors may not dispose (tasarruf) [of their property] except with the
leave of their guardian (wali), and slaves may not dispose [of their property]
except with the leave of their master. The insane, whose intellects are
overwhelmed [with insanity], may not dispose [of their property] under any
circumstances.

BMG oriak 9 andl iar gagol Ail slateVge perl yes
Arrand LE C5) 9 chore 4d GIS (3 ojlel eld Oh LLL
Of these [three categories of people], whoever sells something or buys it,
and understands the transaction and intends it, the guardian has the choice:

1. If he wants, he may permit it, if there is any benefit in it, or
2. If he wants, he may rescind it.

JES 92 SNS SB atl Cogs dU GLAM od gs

These three factors compel limitation on someone’s legal competence in
verbal [transactions] rather than practical actions.

mw» Yo LP J| 3\ Yo Lo s ay kl 9 , \ Lal g
os a TS
silesd Lagas) Und Ut cLgblce| Ig agidtl

With regards to the minor and the insane, their contracts are not valid nor
are their acknowledgements, and their declarations of divorce do not transpire
nor their freeing [of slaves]. If, however, they wreck something, its
compensation is binding upon them.

PGB ge F> GRU 48 Go GSE BELA,
ales slice SO! y SEI Baeph dy cds Fl re aaj) J
ail ysl de ge Gb ab Y gad Lay y SIL 3 ae}

With regards to the slave, his statements are enforceable with respect to
himself, [but] not enforceable with respect to his master. If he approves [the
transaction of] property, it is not binding upon him immediately, but it will be
binding upon him after [his] being freed. If he confesses to [having
committed an act necessitating] a hadd [punishment] or retaliatory
punishments (gisds) (retaliation), it is binding upon him immediately. His
declaring divorce takes effect, but if his master declares that the slave’s wife
is divorced it does not take effect.

On Fools

OW 13) agaudl Je pot Yd ba all aay dice ol Sly
Wl eettbe | dus SMS O! 9 Cpl> Alle 3 Ad 225 9 Vy WIL Yale
pod Sadly Ol bee doles Wy ada ob TLS dle ly
ts| 3 Ad + 3)
Abu Hanifah, may Allah have mercy on him, said that there is no
limitation on the legal competence of a fool (safth) when he is sane, major
and free. His transacting with his [own] property is permitted, even if he is a
Squanderer, corrupter, destroying his [own] property in ways in which there is

no purpose or benefit for him, for example, he wrecks it in the sea or burns it
in fire.4°

fs go alle a leg J Aety 2b PUB Ale 15] J ail ¥|

dines yp pet 9 Lm

Except that he [Abu Hanifah, may Allah have mercy on him] said, when a

minor attains majority in the state of being irrational, his property is not to be
surrendered to him until he reaches twenty-five years [of age].

Res uaa ee Isle CAD yc AG ENS 13 as 2 pa ols

ASN aie a5, J Oly alle al ple dn

If, however, he transacts with it prior to that, his transaction takes effect,
and when he reaches twenty-five years [of age], his property is surrendered to
him, though rationality may [still] not be observed in him.

ALi 9 Agden be pet MLS WI gery det y dey gel JBy
Ad OW Oy alle Bary din J ob Ob ake d Spal gs
oS I ojlol doLas
Abu Yusuf and Muhammad, may Allah have mercy on them, said that
limitation of legal competence is [imposed] on the fool and he is deterred
from transacting with his property. If he sells [anything], his sale regarding
his property is not implemented, but if there is benefit in it [for him], the ruler
(hakim) should permit it.
Arend § aun Ol dell Je Sy atte LB Ine Gel Ol»
pits aie jhe | ge Ub co OB AIS JE Bll 9 Oly
If he sets a slave free, his setting [that slave] free takes effect, and it is
[incumbent] on the slave to work [and pay off] for his [own] value.*~? If he
marries a woman, his marriage is valid, and if he names a dowry, of it the

[equivalent of the reasonable amount of] dowry that a woman of her status [is
accustomed to] is permitted, and the excess is invalid.

alle ad} aby Vr det) ne ab Yad JIS al Leey WE2
Ad Anal j 9A Vo dS M aie dh: o> bl

The two of them,*’? may Allah have mercy on them, said regarding

someone who attains majority in the state of being irrational, his property
should never be given to him until rationality is observed in him, and his
transacting with it is not allowed [either].

cg Aig 5.9 0oTel We GAY 9 cAghdl Sle 0 IS x He
Zakah is discharged from the property of the fool, and it is spent on his
children and his wife, and upon whomsoever of the uterine relatives
(dhawu’l-arham) it is obligatory upon him [to maintain].*?!
ot! Gok Bade eee CEA 2 AB UJ ohn 9 GN
If he intends to perform the hajj of Islam, he should not be prevented from
that. The judge does not surrender the expenditure to him, but he surrenders it
to a reliable person from the hdjjis, who spends it on him on the journey of
the hajj.
oe SS Sle 3 Cl gly Gil B Lbes: 238 oy Ob
Ale 2

If he falls ill and makes bequests for [acts of seeking] closeness [to Allah],
and for the categories of goodness, it is permitted from one-third of his
property.*°*

Puberty
cea !3| Sleds SNPs MEV dal & sh
The reaching puberty of a boy is by way of nocturnal emission (i.e. a wet

dream), ejaculation, or by his causing pregnancy when he has sexual
intercourse.

dis yl us dike GUA ge God Ud any J 8
SLs al ary

If [any of] that is not found, then [he is a minor] until he has completed
eighteen years [of age], according to Abu Hanifah, may Allah have mercy on

him.
SAg MEV 1p atl AI & gh s
The reaching puberty of a girl is by way of menstruation, nocturnal
emission, or pregnancy.
Ai Byte Ae lb gy Sod tog J OV
If [none of] that exists, then [she is a minor] until she has completed
seventeen years [of age].
dy gb Ny ea 65 15) TLS al gery boty deny gil Jy
Abu Yusuf and Muhammad, may Allah have mercy on them, said that

when the boy and the girl have completed fifteen years of age then they have
attained puberty.

aby VB & ghd 3 LA pl JSG A Ly pda Gay [315

SUS! IRI LgelKeoly Lbs J DE cla

When a boy or girl approach puberty, and their position concerning
majority is difficult [to ascertain], and they say that they have attained

majority, then their statement [is accepted] and the judgements [on them] are
the judgements on mature people.

On Insolvents
celal be Gell Beet Y Lbs lary dig gil Js
Anr ole clos ples Joy Se Oo tl Ces lal y
ad Grae, J Jd WS Oly ade pol Jae actly
wala SIS SLs cays Barry ge Mul nt 9S QSL
Ay aly an> OS hy cope pre ola oles waly> 229
ays 3 cal el Ws 12 Je gl pbs

Abu Hanifah, may Allah have mercy on him, said, I do not place a
limitation on the legal competence of an insolvent person (muflis) due to a

debt. When many debts become due on the insolvent, and his creditors
demand he be taken into custody and a limitation placed on his competence, |
do not place a limitation on his legal competence. If he has some property,
the judge (hakim) does not transact with it, but [rather], he takes him into
custody indefinitely until he sells it for [the settlement of] his debt. If he has
dirhams and his debt consists of dirhams, the judge should settle that without
his authorisation.*° If his debt is dirhams but he has dinars or vice versa, the
judge should sell them for [the settlement of] his debt.

eloye lle 13) Shes all Lge rety Wauge gil Slay
Bailly aad ga antag Ae ged pe age jel lal
Ot ela azel Ol dk gly cle dlh pa Ys N89
Nye etl Se BOB Gad lh lye oy dandy aay
calle yo ual Je Gai 9 cd gull clad ue WS 4033 JL
aly 5 939 slaall gly aime) des

Abu Yusuf and Muhammad, may Allah have mercy on them, said, when
the creditors of the insolvent person demand that a limit be placed on his
legal competence, the judge places a limit on his legal competence and
prevents him from selling, transacting and ratifying so that creditors are not
harmed thereby. If the insolvent refuses to sell his property, [the judge] sells
it, and [the proceeds] are divided between the creditors according to the
[respective] shares. If [the insolvent] does ratify the ratification of property
during the state of the limitation on his legal competence, that is binding
upon him after the discharge of the debts.*°* The insolvent is spent upon from
his [own] property, as [also] are his wife, his small children and uterine
relatives.

SEY J 9h: gag aunm able bolls She lic Spa Ja! 5
5S 04 3 eam Sle ge Van ei) ua IS b pF Ul ane J
AUS ¢ lS ada aaj p> JS By ce pill Sag ae
If the insolvent has no known property, and his creditors demand his

detention in custody, and he says, “I have no property,” the judge (hakim)
should detain him in custody**’ for every debt that is binding on him in

exchange for property that is in his possession,*”° like the price of things sold
and in exchange for a loan, and for every debt that is binding on him by a
contract,*?’ such as dowry (mahr)*°° and surety (kafalah) [bond].

YOLEN oly geal pa gaF NS 5 ge bed at Ds
Whe J Ob eed! 9 O!

[The judge (hakim)] should not detain him for anything other than that,*°?
such as in replacement for usurped [goods] and compensation (arsh) for
offences, unless evidence is produced that he does have property.

a} Je Val fe And ol 13] WISg aber IE Je} BER,

The judge should detain him for two or three months [as required],
investigating his circumstances. If property of his is not discovered, he
discharges him, as he does if clear proof is established that he has no

property.
A390) 9 «antl Spe dong > dey dled yo 9 ain J gH Vo
pant d de Jad SEL y peally Speaill ye aigaie Vp
vat egy

[The judge (hakim)] does not intervene between him and between his
creditors after his leaving detention. [His creditors] pursue him but they do
not prevent him from transacting [with his property], or travelling.4*° They
take the surplus of his earnings and divide [it] amongst themselves according
to the [respective] shares [in the debts].

Sle SI dukd 13) SS AW gay dots owes gil Slbg
Je a) Juam sB al did gen SIM lee Guy ay
Abu Yusuf and Muhammad, may Allah have mercy on them, said that
when the judge declares someone insolvent, then he intervenes between him
and his creditors,**! unless they produce clear proof that he has acquired
property.
AU Lelas SIS 131 Galil be ae Vy

The dissolute person (fasig) does not have a limitation placed on his legal
competence if he treats his property in an orderly manner.**”

el gu SUM y el Suid
Original dissoluteness and accidental dissoluteness are [treated] the same.
FA Clad ais aelal diy Jo} plis ones pl bya

4d loyal Sgul

Whoever becomes insolvent and with him are specific goods [belonging

to] another person who had purchased them from him, the owner of the goods
is just like creditors [with regards] to them.**°

BY CLS
IQRAR — ACKNOWLEDGEMENT

Ay BN Le SIS Vggt coy) 5] 03) Gow MLS LS 115)
de SE opel Sted DBS ggeebl oy rd Shey cLeglas |
dad Sle ny SI ej) «oh be Odd» JB OB SLU
When a free, adult, sane person acknowledges a right [against himself], its
acknowledgement is binding on him, whether what he has acknowledged is
unknown or known. It is said to him, “Make the unknown [right] clear.” If he
does not make it clear, the judge (hakim) compels him to make [it] clear. If he
says, “So-and-so is due something from me,” it is binding upon him to make

clear that which has a value.***

aie JS 14) AM c0l Klaus peal ad J sly

The [legally acceptable] statement is the statement of the one who

acknowledges (mugirr)**° along with his oath, if the one in whose favour the

acknowledgement is made (mugarr lahu) claims more than that [amount].

SAS bby cad aly d pa Me «Sle Je a» JB N31

oe BB Gre J (was Sle ds A)» Js oe Kg jail

SHB Gre J eS pale bed» SB als cease Sle

Ow 3 Y) 56 is¢? (eal is SJ» Je se cl yo Opn ys

oo Bg Gre 3 CLA NIST NAS fe ad» SB SL g clare fF

JB) BS Bren J LA) ITS IS ay SB OL g Lys be vol

LA > Sp phy dol cys

When he says, “He is due some property from me,” then resort is made to

him for its explanation, and his statement is accepted in both little [amounts]

or much. If he says, “He is due a tremendous amount of property from me,”
he is not believed with respect to anything less than two hundred dirhams.*“°
If he says, “He is due many dirhams from me,” he is not believed with
respect to anything less than ten dirhams.**’ If he says, “He is due some
dirhams from me,” they should be [understood to be] three, unless he clarifies
that there are more than that [amount]. If he says, “He is due such-and-such
[an amount of] dirhams from me,” he is not believed with respect to anything
less than eleven dirhams. If he says, “He is due such-and-such [an amount of]
dirhams,” he is not believed with respect to anything less than twenty-one
dirhams.

«gis al» JB Ol 9 «cpr Jal JAA3 «bs ry is SJ» SB Ole
os & ALL 5131 543 «er ol
If he says, “He is due from me...,” or “...is owed by me...,” then he has

acknowledged a debt. If he says, “I have for him...,” or “...with me...,” then
that is acknowledgement of a trust [left] in his possession.

gl Least of Le js} Sl (al ee Jd) Joy dd SB ols
N98) 9g p23 33 ol, lel
If a man says to him, “I am due a thousand [dirhams] from you,” and [in

reply] he says: “Weigh them,” “Inspect them,” “Give me some time for
them,” or “I have paid them to you,” then that is an acknowledgement.

Set) 3 235 spall 5) pa add Jods Gye i yay
Ja 3.43 BM boca 9 Se gpl a3)

Whoever acknowledges a deferred (mu’ajjal) debt, and the one in whose
favour the acknowledgement is made (mugarr lahu) verifies the debt but
denies the deferment, the debt [settlement] is immediately binding on him,
and the one in whose favour the acknowledgement is made (mugarr lahu) is
administered an oath regarding the term.

Making an Exception to an Acknowledgement

Aas cee cue oyl Sly Meade ES Stil y Gods 3 yey
Aa) aad gel OE GTS gl IN gel el gery « SUI
elere'S| lle 9 | 39

Whoever acknowledges a debt and makes an exception of something
connecting [it] to his acknowledgement, the exception is valid and the
remainder is binding upon him,**° and it is [deemed] the same whether he
makes an exception of a little**’ or a lot,*°? but if he makes an exception of
all of it, the acknowledgement is binding upon him and the exception is

void.*?!

(Aler> 523 Yl» ri «lyloo YI ray? dle je dy JE Ole
Ale Je an JB S| 9 p28! gl ow dad Y) pay le aey)
As3} (S559 BL J AS» SN Ol «waly LIS Ub Ca 29
ad) SUN junds B amply doly Sos
If someone says, “He is due one hundred dirhams from me except for one
dinar,” or “... except for one gafiz of wheat,” one hundred dirhams less the
value of one dinar or [less] the [value of one] gafiz is binding upon him. If he
says, “He is due a hundred,*°* and one dirham from me,” then the hundred
must all be dirhams. If he says, “He is due one hundred,*”’ plus one garment

from me,” the garment is binding upon him, and resort is made to him for the
explanation of the one hundred.*°*

dash Jol Sb Myare «LS al Ld oly SB, gee Bl peg
p31

Whoever acknowledges a right [against himself] and says, “in sha Allahu
ta‘ala (Allah willing)” together with his acknowledgement, the
acknowledgement is not binding upon him.

AN Ses g LSS a03) auad LAI bts 5l seg

Whoever makes an acknowledgement and stipulates a condition of option
(khiyar), the acknowledgement is binding but the option is void.*”°

lee eLidlg Ula Rlbandd locks ghtuly lo Bl peg
SUUS 94d (OMS Ayo ysllg Dll ode clo» JB Sls
Whoever acknowledges a house [for someone] and excludes its structure
for himself, then the house and the structure are the ownership of the one in
whose favour the acknowledgement is made (mugarr Iahit),*°° but if he says,

“The structure of this house is for me and the courtyard is for so-and-so,” it is
as he says.*°’

2 Bly pall aj) bn 98 3 pov 5l yay
Whoever acknowledges dates in a basket, the dates and the basket are
[both] binding upon him.*°°

Sat) J Oh 9 duels aol) Ac}! JSle,o! 8 a0) du Jl C9

ale} Kos BSS fey SEL y Ls olay «are SLs}

Jl Luis dejb J CON 5 ope Boe je a» JE Oly Qe

MS aU aay et Sy Daly od VI Dbs al ary Cay

Lg pic tol ash

Whoever acknowledges a [riding] animal in a stable, only the [riding]

animal [not the stable] is binding upon him. If he says, “I have expropriated a

cloth in a kerchief,” then both of them, are binding upon him. If he says, “He

is due from me a cloth inside a cloth,” both of them are binding upon him. If

he says, “He is due from me a cloth inside ten cloths,” [then] nothing is

binding upon him other than the one cloth, according to Abu Yusuf, may

Allah have mercy on him, but Muhammad, may Allah have mercy on him,
said that [all] eleven cloths are binding upon him.

ge ad 8 SB rs Ot elegy Oy ans 53l Spay
JF A> JES} 9 Py 5 (5? J: wal Bl gd WAS s care
Bao |y dank 423) CLD opal 4 at bE
Bent day) (Ae ainenal Cry SB Ol

Whoever acknowledges the expropriating of a garment and brings a
blemished garment, then his statement together with his oath is the statement

[that is believed] regarding that, and likewise, if he acknowledges [some]
dirhams and says that they are defective [his statement with his oath is
accepted]. If he says, “He is due five in five from me,” and by that he intends
multiplication and sum, [then] only one five is binding upon him, but if he
says, “...] intended five with five,” then ten is binding upon him.

dam yl wie dad 403) (3 pie J) may? Se be dd» JENS] 9
Vib9 cAslS) detuss ode leg clan! aoj5b dbs AU) Am)

UWS 3 tal aojh dbs ily,

When he says, “He is due from me from one to ten dirhams,” [then] nine
dirhams are binding upon him, according to Abu Hanifah, may Allah have
mercy on him; the beginning and whatever is after that are binding upon him,
and the limits are dropped.*°” The two of them,*°” may Allah have mercy on
them, however, said that all ten [dirhams] are binding upon him.

Ag die ay Jl LE Of Oe pay II Je dn JB oly
sell gland CES) ra) Feld JB die le 53 OG «acl
ade Ne ct OY 9 uly | AS 9

If he says, “He is due from me a thousand dirhams for the price of a slave
whom I bought from him but did not take possession of,” then if he mentions
a specific slave, it is said to the one in whose favour the acknowledgement is
made (mugarr lahu), “If you want, hand over the slave and take the thousand,
and if not, then there you have nothing against him.”

BABY 403) ares dy «LE GF Ge ll de aly SB Oly
JUS all ary digo ul J
If he says, “He is due from me a thousand for the price of a slave” and

does not specify [the slave], the thousand are binding upon him, according to
Abu Hanifah, may Allah have mercy on him.

YI 403! 25> 3h Of pe pap ll Le » SE gy
89 Ele OF yo II de stn SB ly conn Se }s
aby Rize Gl lsd bold! ae) Glo a) all SUB «Sy |
ENS SS Ot Dba all gary det 9 args gil SMby Sha alll
Gra Y Vyate lB O) 9 ¢ Bre Vgc gs

If he says, “I owe a thousand dirhams for the price of wine or pigs,” the
thousand are binding upon him and his explanation is not accepted. If he
says, “He is due a thousand for the price of baggage, and they are
counterfeit,” and the one in whose favour the acknowledgement is made
(mugarr lahu) says, “[They are] genuine,” [then] according to the verdict of
Abu Hanifah, may Allah have mercy on him, genuine [dirhams] are binding
upon him. Abu Yusuf and Muhammad, may Allah have mercy on them, said
that if [the one in whose favour the acknowledgement is made (mugarr Iahu)|
says that in connection with [the statement of the person who acknowledges
[the debt], then] that is believed, but if he says that disconnected, [then] it is
not believed.

Alb Busy oD 5I 0! 9 pally ABD 4b SEL ons) BI yey
BS 9 Qld! ald drce 31 Ol g Lal s yabls ball

Whoever acknowledges a ring belonging to someone else, then he has the

annulet and [also] the stone.*°! If he acknowledges a sword of his, then he
has the blade, [the hilt,] the belt and the scabbard. If he acknowledges a sedan
of his, then he has the wood and the covering.

3) OWS 4) el J2 Ste wr Lil Js ase Shed JB SI 9

As coe FNP el OL 9 ererve aI BYE 4) 98 og: Ole
mg. ALS lary ue Jo. SL Waa, wie ys il

If he says, “The foetus of such-and-such a woman is due a thousand
dirhams from me,” then if he said, “... so-and-so had bequeathed it to him,”
or “... its father died and it inherits him,” then the acknowledgement is valid.
If he makes the acknowledgement vague, it is not valid, according to Abu
Yusuf, may Allah have mercy on him, but Muhammad, may Allah have

mercy on him, said that it is valid.
Ass LEY He Jed ee Je 4 gle Jeo 3I Oly

If he acknowledges the foetus of a slave woman or the foetus of a sheep or
goat belonging to a man, [then] the acknowledgement is valid and it is
binding upon him.

Confession on Deathbed

aoe & O59 Abe Og Bye eye & Jo) 3 15)
Cpwly dow) | Cp Aa glas shawls A42 yA 3 Axe} 29
Ld OS Wyre ech acady Head 1515 code OLE By pall
BME ge Ji
When a person acknowledges during his final illness (marad al-mawt)*°?
some debts, and he owes debts [accumulated] during his good health as well
as debts that became binding upon him during his illness due to known
factors, then the debts [incurred] in good health and the debt of which the
factors are known are given priority.*°’? Thus, when they have been
discharged and something is left over from them, it is [spent on] whatever he
acknowledged during his illness.
a} yall SIS y ol 3] Sle are Bg ale (SG J dls
If he does not owe debts from his [time of] good health, [then] his
acknowledgement is valid, and the one in whose favour the
acknowledgement is made (mugarr lahu) has more right than the heirs.
Sy Nl Ab 4d Bes ONY! Jhb a1} 22 Ll 13s

The acknowledgement of an ill person [on his deathbed] on behalf of his
heir is void unless the rest of the heirs affirm it.

Aue ded Od gl ge SB Sb sige oye Be Ll ey
0) 3) Slaw 3 ena 53 cb Api Nl ghy cal opl 5) len g

Whoever acknowledges in favour of a stranger during his terminal illness,

and then says, “He is my son,” his lineage is established by that [statement]
and the acknowledgement in his favour is void. If, however, he acknowledges
in favour of a female stranger, and then marries her, his acknowledgement for
her is not void.

gb leg B31 SUM sige ope 3 ails] Gib os
Aus Lol pe C99 Cpl cys Ach
Whoever divorces his wife thrice*®°**°° during his terminal illness, and
then acknowledges a debt due to her and dies, then she has the lesser
[amount] of the debt or of her inheritance from him.*°°
aul ail By prs Cad A andy ai aie Upp dba 3I gay
Sy Ml Sys g cle ye DIS Ol g ae aed OS all bres
Sh ll
Whoever acknowledges in favour of a boy, the like of whom is born to
someone like him,*°’ and there is no known lineage for him [showing] that he
is his son, and the boy confirms it, [then] his lineage from [the one who
acknowledges paternity] is established even though [the person

acknowledging paternity] is [terminally] ill. [Moreover,] he has a share in the
inheritance with the [other] heirs.

Ser 9 cS shlo Welly deg Me Nish Jed OLS! 5 98 2
Vash Lay) 3) Jub Vo Dokl xa dle qi dh 31 L131
AL Lary: 1g53 gl U3 3 x 9 5 Bae OI
The acknowledgement of a man regarding parents, wife, child and master
is permitted.4°? The acknowledgement of a woman regarding parents,
husband and master is accepted, but her acknowledgement regarding the
child is not accepted unless the husband confirms her in that [regard], or the
midwife testifies to her giving birth [to that child].
Seb da pally EN eI a ll Se pe ents sl yey
Ssh 9g te gh 3 Go pre Syl WT OB edb oh 5
asl pea) AM gecrl Sylg a} SO J Old ca} AM ye Sl Alb

Whoever acknowledges to a lineage from other than [his known] parents
or child — like brother and paternal uncle — his acknowledgement regarding
the lineage is not accepted.*°” Thus, if he has a known heir, close or distant,
then he is more worthy to the inheritance than the one in whose favour the
acknowledgement is made (mugarr lahi),*’° but if he has no heir, the one in
whose favour the acknowledgement is made (mugarr Iahu) is entitled to his

inheritance.*’!

3 aS lin 9 aus asl Kanda og a 3 05 Sls jeg
Soh all

If the father of someone dies and he acknowledges a brother, the lineage
of his brother is not proven and he shares [with] him in the inheritance.

BEY OLS
IJARAH — HIRE/LEASE

coll ON > ro Yo ye ge ol ds sas dyleyI
Ae glee 3S lo As glee
Tjarah is a contract [based] on benefits [in return] for a consideration; it is
not valid unless the benefits are known and the remuneration is [also] known.

HEM SHO K sje al SEO SK alge by

Whatever is valid as payment (thaman) in sale (bay‘) is [also] valid as
remuneration in ijarah.

BRN soa glen Bll daglee pad BG ASllls
WNT Bre gl deglas de Je rzall pad Bel) SY as
Aue de Mey soled oF Apeuly load Legler ai 8by
Sleghac| lade lye Joo dle alin shop able slog
Cpt dager pad 8U5y dager Bluse Sy slegler dye
p glans ands SN olabilia JaI ey pli oS ELEY

The benefits sometimes become known:
By duration, like letting houses for tenancy, or [leasing] lands for
1. cultivation. Thus, the contract is valid for a known duration, whatever
the duration;
They sometimes become known by the work and the appellation, like
someone who hires a man to dye fabric, or to sew fabric, or who hires
a beast of burden to carry a known amount on it to a known location,
or to ride on it [for] a known distance; and
They sometimes become known by specification and indication, like
3. someone who hires a man to deliver this [particular] food to a known
location.

le re SF Obs (GR Cath gts 5 gl glerul j 9H 5
Spada) y Syed Salad Yeo IS fom Sl ly Lyd haw
It is permitted to rent houses and shops for tenancy, even though someone

does not express what he will do in them. He may do anything [in them]
except smithery,*’* bleaching and milling.4/>*/”

Be NSy SSN pbaldy del WU QSL SI cul j gts
3) ed Gade coe ge Hell re, Vy be J Oly
Lb eles gy dl de i
It is permitted to rent lands for cultivation, and the tenant (musta jir)
enjoys [the right of] irrigation and passage, even if he did not stipulate [it].
The contract is not valid until he specifies what he will cultivate in it,*”° or he
says that it is on [the condition] that he cultivate in it whatever he wants.*7°

NES GS Gye ol ed Gd LI ple Ol i gts
Lally lish ale ON 403) BLE Bre Cues 151d Lt
dad ard, OI aT) Cole lH OI Y] AEG ele »
WA cL RSME fe TK oop 9] hen le glis Us
GA 2.4
It is permitted to lease a vacant field [in order] to build on it, or to plant
date-palms or trees in it. When the period of the lease expires, it is binding
upon [the tenant] to remove the buildings and the plants and to hand it over
vacant [to the landlord], unless the landlord chooses to pay him the value of
that, stripped,*’’ and takes possession of it, or is content with leaving it in its

[current] state, so the buildings will be for this [lessee/ tenant], and the land
for this [lessor/landlord].*”°

FN gel OB chetls GSN Gly! petal 5 gts
MeL y a gh a tel 6 WIS cold ge Ky Sl ad Sle

It is permitted to hire animals for riding and for carriage. If one uses
‘riding’ unqualifiedly, it is permitted for him to mount whomsoever he
wishes on it,*”? and likewise, if he hires a garment to wear and he uses it

unqualifiedly.
cg AG 9) LIW! Cube 3) abe OIF cope aud ol one
hoatuhl ENSL Caket Le |S WIS,
If [the lessor] says to [the lessee], “...on the condition that so-and-so will
ride it,” or “...so-and-so will wear the garment,” but he mounts someone
other than him, or he makes someone other than him wear [the garment], [the
lessee] is liable if the animal dies, or if the garment is ruined, and likewise,
all that which changes by the disparity of the user.*°°
Kes Loh S13 cert GEL ket Y Leg oli! Lbs
Ae AbeA Lyd 9 legs com Sg cope Sig Gl ald ary tol
bee gale Jat Ol ald (Aba 35.23) due» J 9b Ol bs 2h)
La Sot SA ed y cancnally pa ddlS Jal gly pall 3 abd
ole sie watts cls dad v0 pel ga
With regards to real estate (‘agar), and that which does not change due to
the disparity of the user, if [the tenant] stipulates the residence of one specific
person he may house another person [there], and [likewise], if he mentions
one type and one amount that he will load on the animal, for example that he
says, “...five gafizs of wheat,” then he may load that which is like wheat in

inconvenience,*’! or less, like barley and sesame, but he is not [permitted] to
load that which is more difficult than wheat, such as salt, iron and lead.

Jee dot Ol ad pald olen Lbs Ugde fend lar kul ob
ool Mey dae Boj SW lap lel Oly lyre 45),
ge Sy legis 41 CAT Of yin d rd gad Coden
Jao Abd! yo [lade gle Joon) Leela of «Jail
AN CS Ng SBS Gye ol} be yard Culand aie JF Lge
MLS al ary date Gl us ged Culed ly pe gl ele
Sa, Y Dla abl Lge dot 9 tery gl SU s

If [the lessee] hires [the animal] to load cotton upon it, which he
designates, then he has no right to load iron [upon it] of the same weight.*°
If he hires it to ride [on], and he mounts another person on it behind him, and
thus it dies, [the lessee] is liable for half its value, if the animal was able to
bear them both, and the weight will not be taken into account. If he hires it to
load a [specific] quantity of wheat upon it, and he loads more than that upon
it, and thus it dies, he is liable for whatever was in excess of the [specified]
weight. If he restrains the animal by its reins or hits it and it dies, he is liable
[for compensation], according to Abu Hanifah, may Allah have mercy on
him, but Abu Yusuf and Muhammad, may Allah have mercy on them, said
that he is not liable [for anything].

Types of Hired Persons (Ujara’)
Ale poly Aide pol ype p2 de elas
Hired persons (ujard’) are of two types:

1. An employee [held] in common (ajir mushtarak),*°° and
2. A private employee (ajir khdss).*°*

The Employee [Held] in Common

ably PldS Jou > Be Gon V ge ALLL
as) dito glass Kd yard; J tlle Of oy BALI pally
acvedass Ted alll Lgey Bs ¢ Teg alll
The employee [held] in common is someone who is not entitled to
remuneration until he has performed the work, like the dyer and the bleacher,
and the goods are a trust in his possession; if they are ruined, he is not liable
for anything, according to Abu Hanifah, may Allah have mercy on him, but

they,*°° may Allah have mercy on them, said that he is liable [to compensate]
it.

¢ \iadil » SUL CoE Ad oe w gill eS alee Ub leg
Lode Gye Antes! Gee fot! CIM a ad, CU JS
Jake | Agi! BBE cad pol 4 Gates Yl YO gos
That which is ruined by his work, like the ripping of cloth by his beating,
the tripping of the porter, the rope breaking which the [animal] hirer (mukar1)
ties the burden with, and the boat sinking due to pulling it, [for all of them,
the hireling] is liable except that someone will not be liable for a human, so
someone who drowns with the boat, or falls from the [riding] animal, then he
[the hireling] is not liable [to pay compensation].
WB alia doll 5 lets Jy F153 & 5 gl ole! ad 131 9
Ce 0h ge O! 9 US 3s Ghee Lb Lede ole
When a phlebotomist performs phlebotomy**° or a surgeon makes an
incision [in an animal] and it does not go beyond the normal location, [then]
neither of the two are liable for what perishes due to that,*°’ but if it does go

beyond it, [the phlebotomist or the surgeon] is liable [to pay compensation
even though the owner authorised the surgery].

The Private Hireling
wsdl ge) gl desSU Led Mey abel GS chon J ols
The private hireling is someone who is entitled to remuneration for

surrendering his person for a period, even if he does not work, as when one
hires a man for service or for pasturing sheep.

Se BE be BVy 0 BLS UI eI de OL Vy
ad Gaede OI] ales
There is no liability on the private hireling for that which is destroyed

whilst in his possession, nor for that which is destroyed due to his work,**°
unless he violates [normal precautions], in which case he is liable.*°

That which Invalidates Ijarah
ard as LS Log pil Le snad BLY g

The [breach of] conditions invalidates ijarah just as it invalidates sales.
Lefty OV a, ble SID pad des aye plea yey
Masi 3 Ne ale

Whoever hires a slave for service cannot take him on a journey unless he
stipulates that as a condition in the contract.*””

Sle ARs QSL g Met ae Jared Me oli yas
35m | 963 hemedl JUL! Aol 1g coliall food als
Whoever hires a camel so that he may convey a litter and two riders upon

it to Makkah, it is permitted and he may [only load] a customary litter [upon
it]. It is better for the cameleer to see the litter.

B are ISU otjM oye Lylade ade deoed Lpe jell Gls
ISVs a 5¢ op Old GE & SL

If someone hires a camel so that he may load an amount of supplies (zdad)
on it, and eats of them on the way, it is permitted for him to replenish [the
supplies] in place of what he has eaten.*”!

When Remuneration becomes Due
Aaa) is Y 39 lg

Remuneration does not become due by virtue of [entering into the]
contract [of ijarah].*”°

oe Spel: ol heal Lk le soles B96 tol Gorass
ule >9fal\ clack ol bt pe

It becomes an entitlement [to the hired person (mujir)] by one of three
factors, either:

1. By the precondition of promptness [of payment],*”°

2. By promptness [of payment] unconditionally, or

3. By fulfilment of the contractual obligation.*”*

One OI Veg: IS Spek ade, SI > 50h lo je lead ey
daa3\ (3 Glia 239

Whoever rents a house, the lessor may demand remuneration (i.e. rent)
daily, unless he stipulates the time of maturity [of payment] in the contract.

Bayo JS Bak alle, Sl Sleds As SI I poe pa keal yay

Whoever hires a camel to Makkah,*’° the cameleer may demand the

remuneration (i.e. fare) at each stage*”° from him.

Jad Ge Fe > Bel ey ol LIDy plead (J)
But the fuller and the tailor may not demand remuneration until they have
completed the work, unless they stipulate the condition of promptness [of
payment].*?”
Goce J aay GS pb ate $4 FSI IIS poled yay
293) 9 SBN EE be
Whoever hires a baker to bake for him in the house [of the lessee] one

qafiz of flour, for one dirham, [the baker] is not entitled to remuneration until
he has taken the [cooked] bread out of the oven.*?°

ade SNE AeSol lab) aed ELL pleat yes
Whoever hires a chef to cook food for him at a wedding banquet
(walimah), the ladling is [also] incumbent upon [that chef].
Bab aalBl (3352S Goctel LS a pad Mey okiel den
AU gery rots Laws ol SWby Shs Wl ary dace ul
Am pty oo aot J Sls

Whoever hires a man to make bricks for him [the man] is entitled to
remuneration when he sets them up [after they have dried], according to] Abu

Hanifah, may Allah have mercy on him, but Abu Yusuf and Muhammad,
may Allah have mercy on them, said that he is not entitled to it until he has
stacked them [after they have been baked].

Oo ead Lyk Gel Vie chs | bLsdd Sts 15) 9
BSN Goel oe heal cly Sle cna leg ates

When someone says to the tailor, “If you sew this cloth according to
Persian fashion, then it is for one dirham, but if you sew it according to

Roman fashion, then it is for two dirhams,” it is permitted, and whichever of
the two jobs he undertakes, he is entitled to remuneration [accordingly].

wad IWS athe jlo (Byres esl aches Ol Je Ole
JB9 6 pyr td & 5 gles Vy Shs aU ary dine Gl us
lel 9 SIE Sib ast bs al Lge) wots aug oil
Ba) got! for
If someone says [to the tailor], “If you sew it today it is for a dirham, but
if you sew it tomorrow then it is for half a dirham,” then if he stitches it
today, then he has one dirham, and if he stitches it tomorrow, then he has its
customarily reasonable amount (mith!) [in remuneration],*’? according to
Abu Hanifah, may Allah have mercy on him, and it should not exceed half a
dirham,°”’ but Abii Yisuf and Muhammad, may Allah have mercy on them,
said that both conditions are permitted, and whichever of the two he
undertakes, he is entitled to the remuneration.
el 3 eayrd yee SIS SI de 8 eee Ol SB ols
Ble cu yag lalae a2 OI »
If someone says [to a tenant], “If you house a perfumer in this shop, it is

for one dirham per month, but if you house a blacksmith, then it is for two
dirhams,” it is permitted.

AU ary dagm ul ce ad oul! Goveel ad op pI slo
Bald Bylo SN shld all Lagary Ws cles

Whichever of the two undertakings he performs, he is entitled to [the

remuneration] mentioned in it, according to Abu Hanifah, may Allah have
mercy on him. They,??! may Allah have mercy on them, said that the
[contract of] ijarah is invalid.
Holo 64 b Apr Ad ware re JS Vylo eee OF
ONS cAaglas » gd Ale ome ONY] cy ggidl dd & dulds
ON a5 gS By 48 Aa pe GIS! gl ys dels (R.
Bee 48 JF Ke WISs 48 gay Ol Yl ae

dclu sl legs aol

If someone rents a house every month for a dirham, the contract is valid
for one month [only] and invalid for the rest of the months, unless [the
tenant] mentions all of the determined months,°’* and thus, if he resides
[there even for] an hour from the second month, the contract is valid in it, and
[the rent] is binding upon him, and the landlord is not able to evict him until
the rented month elapses. Likewise, [for] the ruling of every month, in the
beginning of which he resides a day or [even] an hour.

bya l Abed op pet GSS pay Let Ilo poked I3ls
ail ped iy Ade 1S Yo SoM peal

If he rents a house on a monthly basis for a dirham and resides there for
two months, the rent of the first month is due from him but there is nothing

due from him for the second month.°22
Hand ey dO) 9 Sle paly> dha dew [plo joel 13] 9
BN ye gt IS

If someone rents a house for a year for ten dirhams, it is valid, even if he
does not mention the instalment of rent for each month.

eletly elt! 0 >| AS| } 9H 9

It is permitted to take remuneration for [use of] the public bath and [the
services of] the cupper (hajjam).

el ene bm SI 5 9 Ys

Taking payment for conjoining a [male with a female] goat is not allowed.
7 9 OLD platy AaBY Ly SIST! be Gee 5 9 Vo

v3 lial | Ss jl 3) 9= Yo

It is not permitted to hire [someone] for [calling] the adhan, for [saying]

the igamah, for teaching the Qur’an and the hajj, and neither is it allowed to
hire [someone] for singing or for mourning.

Ying Ths all am) dace ul AS ged Byle| jot Vo
Bile PLE Ble]: ds all Len
According to Abu Hanifah, may Allah have mercy on him, the letting of

shared property is not allowed,°* but they,°? may Allah have mercy on
them, said that the letting of shared property is permitted.

Le gag lgolale; j gH g cAeglas dob flail eral joy
The hiring of a wet nurse (zi’r) is permitted for specified payment, and it

is permitted in exchange for feeding her and clothing her, according to Abu
Hanifah, may Allah have mercy on him.

wd WS bm O18 Letes ye lena) ais Ol ated ads
Led Cpe Cua de gle 13) SLY | des SI
The hirer should not prevent her husband from having sexual intercourse

with her. If she becomes pregnant, they may rescind the [contract of] ijarah
when they fear for the child regarding her milk.

SL Sek Bad! 3 aint)! Ol 9 gral Pb chad ol kes
LBs >i 9B
She must make the food of the child adequate. If she suckles him during

the period [of her contract] with sheep or goat’s milk,°°° then there is no
remuneration for her.

nF Ol 4b Fleally LedlS gull $ Slabed ale JSs
Abend pad 329 Bye B ging ce alee ye FI BI te yall
TM g SLIT SSW Spall ant Old eld nad BS
Every artisan, whose work has a [visible] effect on the item, such as the
fuller and the dyer, may retain the item after the completion of his work [on
it] until he receives the remuneration, but whoever’s work has no [visible]

effect on the item, may not retain the item until [he receives] remuneration,
such as the porter and the boatman.

Jeatey SI eld Aunts he Sl alall de biti \31 5
aleas jo eli Slab fas ad gibi Gb cone
When someone places a condition on the artisan that he work on his own,

then [that artisan] may not employ anyone else.*”” If he places no conditions
on the work for him, then he may hire someone who will do it.°”°

Differences between the Lessor and the Lessee

weoele Jles oot] Ueles F\yalls SAS alia! I3| 9
ry lyaned : LLL Nae cols Alas Sl 315 yal > bls w 9
pee aed P| dag SID lp Lal os ole Jb
ols HIZB Ab OB cas ee ol ole do J db
If the tailor, the dyer and the owner of the fabric differ [on an issue], and
the owner of the fabric says to the tailor, “I told you to make it into an outer
garment (gaba’),” and the tailor says, “...a shirt” or the owner of the cloth
says to the dyer, “I told you to dye it red but you dyed it yellow,” then the

[reliable] statement is the word of the owner of the fabric along with his oath.
If he swears an oath, the tailor is liable.°°°

lal S189 >I ye “a Atlee 7 gl w>Le Ne Ol»
A) dase al ue ae pe ol ole SB J dB dab
ald al La > SWS S| dbs all ary aves gil SI8y (SLY abil
AU am) oF Jy cd do) Ba le 3G J lg dN!
ao adsi JS BBR AVL dra) odd Yas lll oF oh dls
If the owner of the fabric says, “You have worked [on] it for me for no
pay,” and the artisan says, “[I worked on it] for pay,” then the [definitive]
Statement is the word of the owner of the cloth, along with his oath,
according to Abu Hanifah, may Allah have mercy on him. But Abu Yusuf,
may Allah have mercy on him, said, “If he is a fellow artisan of his, then
there is pay for him, but if he is not a fellow artisan of his, then there is no
pay for him.” Muhammad, may Allah have mercy on him, however, said, “If

the artisan is known to take pay for this [particular] work, then the
[definitive] statement is his word along with his oath, that he worked on it for

pay.”
ccoubl ay jglees Y AUS alba LEY B Col dls
In the invalid lease (ijarah fasidah), payment of what is the ordinary rate
(mithl )°'° is obligatory, which does not exceed what has been prescribed.°"!

ONS cg fF bg BS aided Mal lal 2.3 13) 4
When the tenant takes possession of the house the rent is due from him,

even though he does not reside in it,?'* [but] if a usurper expropriates it from
his possession, the rent lapses.

Fond ald BRL par lye ly: toy OL s

If [the tenant] finds a blemish in it, which is detrimental to residing
[therein], then he has the right to rescind [the lease].

or eLLl eas gl As.) ey eek 3) jw So > \3\ 9
Bye Coat! oll

If the house becomes ruined, irrigation to the land ceases, or the water to
the water-mill discontinues, the lease (ijdrah) is rescinded.°!”

Pel Aad oyl>Y\ AAS N99 cp lel Sel Coke \d\ 9
Pants J ona) loadc IS O) 9 dyeY

When either of the two parties to the contract dies, and he had entered into
the lease (ijarah) contract for himself, the lease (ijarah) is rescinded. If its
contract was for someone other than himself [who is alive], it is not
rescinded.

adi BUS HEY 3 3) bt ne s

Stipulating an option (khiyar) in the lease (ijarah) is valid, just as it is in
Sale.

43 prt) Syed BUS pled yoSF MELE LY pants
des Y 9 pd arejle poll oo IS'> ol \yl>_ ml “pS 9 J ads
Cel BEL 9 heal call Fd elle of pe I lad Le

A lease (ijadrah) is rescinded by [valid] excuses, such as someone who
rents a shop in the market in which to carry on business, then his merchandise
is destroyed,’!* and such as someone (i.e. a landlord) who lets a house or a
Shop, then becomes bankrupt and debts are due upon him which he is unable
to settle except from the price of what he has let, [in which case] the judge
rescinds the contract and sells it [in order to settle] the debt.°!°

Se 968 phad spe Ad lay gS Lede Bland Salo pe leal yes
phe BS puld yaad ye 6 IROW by OL

Whoever hires a [riding] animal to travel upon, then it occurs to him to
[postpone] the journey, then that is a [valid] excuse,°!° but if it occurs to the
one who lets [the animal as a mount, to postpone] the journey, then that is not
a [valid] excuse.°!”

dards) OLS
SHUF ‘AH — PREEMPTION

pel Ge DAY oS cpl uid b EI daly dat
Jed Se By GAS

Preemption (shuf‘ah) is a right?! of:

1. The associate (khalit)?'” in the object of sale, then of,

The associate in the right of the object of sale, such as [the right of]
irrigation and passage,” [and] then of,

3. The neighbour.°7!

JaJP\ as date U9 opSlly Bel BOL AN aly
In the [presence of the] associate, there is no [right of] preemption for the
partner (sharik) in passage and irrigation, nor for the neighbour.°**
Leddl gle Ob gp sb) Bok i AE LI Le ob
Blea

If the associate gives up [his right], then the preemption belongs to the
partner in passage, and if he [also] gives up [this right], then the neighbour
may take it.

NEVO HS asl Mins OF dais,

Preemption is concluded with a contract of sale, and it is settled by
making witnesses.

BL g aS ky > sl SEM Ugele 131 SEL Hes
Aes SF AML fo HS aude 3 rgtl adh eal ole
sas gl etM Je ol ou & aadl OWS Of SL Ye rgd are
shave Pb Lis Jy atadd ool AUS ad 1515 Lal
oe GS Ol sHbs al aay soe SEs chs al aay dice
scabs cll sgSY ae Let phe
[The preemptor (shaf‘)] becomes the owner by acquiring it when the
buyer surrenders it to him, or [when] a judge (hakim) gives that as a
judgement. When the preemptor comes to know of the sale, he should call
witnesses within that [very] session of it, regarding the demand [of his
right].°*’ Then he should depart from there and call witnesses against the
seller, if the sold commodity is in his possession, or against the purchaser, or
at the real estate.°** Once he has done that, his preemption is concluded, and
it does not lapse by [any delay],°~? according to Abi Hanifah, may Allah
have mercy on him. Muhammad, may Allah have mercy on him, however,
said that after making witnesses, if he leaves it without any excuse for a
month, his [right of] preemption is void.
9 ALAS and VE OS Oly las! 3 dels dattlly
wad! jotho Sly I!
There is a right of preemption in real estate even if it is indivisible, like a
hot [public] bath, a quern, a well and small houses.
Baad Vy de yall Og ay 13] Joely elill 3 dart Ye
CAs 29 pa
There is no [right of] preemption in a building nor in date-palms°*° when

sold without the courtyard, and there is no [right of] preemption in goods and
boats.

o\ gw datc)! 3 oll glnkl s
The Muslim and the dhimmi are equal in [the rights of] preemption.

dait)\ 4.3 Cuy Slo gm yoga yliadl the 13 9

When one gains ownership of real estate for a consideration which is
wealth, there is a right of preemption in it.°7”

UAL gE I Nele Jed! gash BW HEY,
rileay sl le gle Sie slice ergs clan gihiol. etn

Aas dS\ (2d Cums ph es phe ol Kw gl ISL ie

There is no [right of] preemption in the house:

On the basis of which a man performs marriage,?~°

By which a woman gains divorce at her own instance (khul‘),?~°
For which one rents [another] house,°°”

[By which] one conciliates in intentional killing (qatl ‘amd),°°!
By which one sets free a slave,?°*

oe ge oe IS

Regarding which one conciliates by a negation or silence.°*”

—

f he conciliates with an acknowledgement or confession,°** [then]
preemption is incumbent in it.

Procedure of a Lawsuit
SLs dad! Cbg ol itl cold polit SI abt os 131 »
Y) 9 ce aah, Sal ADs BRE) Hd cls ade cull poli
did Lol3L aalS

When the preemptor approaches the judge, files a lawsuit against the
purchase and claims preemption, the judge shall question the defendant
regarding that. If [the defendant] confesses to the ownership of that which is
the subject-matter of the preemption [it is established], otherwise, he shall
instruct [the plaintiff] to produce evidence.

SW Deal gle eV g AEM lected aad ye jae OV
Dla iy EN Clb gl gall ys JSS OB ca ait, Ko SS
AN Bl sent 8 PLAN SOI OB SY el ple! Jo: pala

Thus, if [the plaintiff] is unable to [provide] evidence, [the judge]
demands an oath from the purchaser, by Allah, that he has no knowledge that

he [himself] is the owner of that which [the plaintiff] has mentioned, and for
which he claims preemption. If he refrains from [taking] the oath, or [if]
evidence is established for the preemptor, the judge asks him whether he had
purchased [it] or not; if he denies the purchase, [then] it is said to the
preemptor, “Produce evidence.”

le al ol rial le Uh SHAM Ubu! We joe OF
OSS CM aml ye dads lode Je gor

If [the plaintiff] is unable to do that (i.e. produce evidence), he [the judge]
demands an oath from the purchaser that by Allah, he has not purchased [it],
or that by Allah, he [the preemptor] is not entitled to preemption in this house
from the aspect that he mentions.

OAS SY el A 24 J Og Antal BAe SLM 5 Hy

It is permitted to raise the dispute in preemption [with the judge], even if
the preemptor does not present the payment in the session of the judge. When
the judge has decided the preemption in his favour,°’° then production of the
payment is binding upon him.

22 5 Sy cel lsu slop Ol kis

The preemptor may return the house because of a stipulated option [that
he can do so if there is a] blemish or because of examination.°°°

3 declt gl ab on 3 audly SUI nat pao! oly

Fakd oS RAM peat om Ail! caldl pong Vy Ants
ale dgall Jatt g all be aaah cat 9 caie Ages andl

When the preemptor presents the seller [in front of the judge], and the
object of sale is in his possession, then [the preemptor] may raise the dispute
in the preemption against him. The judge does not listen to the evidence until
the buyer attends. Thus, he revokes the sale [only] in his [the buyer’s]
presence. He decides the preemption [case] against the seller and places the
care of it with him.°°”

EMS Ss Aw 929 el ols > Nge'y| et 35 \3\ 9
tol fe dey dy aledl b sgl O) WISy cared olbe
jal He Yo cp dled
When the preemptor, though able to summon witnesses, refrains from it at
the time when he acquired knowledge of the sale, his [right of] preemption is
void, as it is when he summons witnesses within the session but does not
produce witnesses against either of the contracting parties nor [at] the real

538
estate.

2729 cAakis| oly oid! yoge Jo ated (ys pile ols
v9
If he concedes his [right of] preemption for a consideration which he

takes, his [right of] preemption is void, and he must return the

consideration.?°”

When the preemptor dies, his [right of] preemption is void.°*°
dasi)| detus J 6 AEM Sle l3!

When the buyer dies, the [right of] preemption does not lapse.°*!
Calley Sadi a gab, Ol LS a addy le etl eb Oly
en,
When the preemptor sells whatever he is claiming in the preemption
before the preemption is decided for him, his [right of] preemption is void.
acid) py plat IS) s AaM NS 99 eS oe Ay! aad
If the agent of the seller sells [it] and he is [also] the preemptor, he has no
[right of] preemption, as is the case if the preemptor takes responsibility of
the commodity on behalf of the seller.°** However, if the agent of the buyer

purchases [the property] and he is [also] the preemptor, he may claim
preemption.

DB SUS) Ladd 53 cad dads 1B LI Lt el yes
Whoever sells, with a condition stipulated then the preemptor has no

[right of] preemption, but if the seller drops the option [to withdraw], the
preemption is an established right.°*°

daa) Com Ol boos Kl Ol s

If someone buys stipulating an option [to withdraw], [then] the
preemption is an established right.

Lee dat SO al el pe Lyle ela! Spey

Whoever purchases a house in an invalid purchase, there is no preemption

in it.°**

Sag oni dete OU pend Gpadlall ye sely JSy
Fey-won)|
Either of the two parties to the contract may rescind [the sale]. If the [right
of] rescission lapses, preemption may take place.
LaJel c03 lgarty 2 pd sh pode Mylo cod AI 151 5
ee eit WL Lard SIS Ol jh dads pod! Jc
Fly AF

When a dhimmri buys a house [in exchange] for wine or pigs, and its
preemptor is [also] a dhimmi, he may take it for the same wine and the price
of the pigs. If its preemptor is a Muslim, [then] he may take it for the price of
the wine and [of] the pigs.

dog pine 9 09S ONY AAI 3 add Yo

There is no [right of] preemption in gifts, unless they are [given] for a
stipulated counter-value.°*

“Ss REM S93 Sod soil 3 Sie \\¢ ae| cales-| 15) 9
lege) dehy dam ul ais atid) diy AJ And! Loli! Ob
FEM des AS MUS al aay Garg gil SB, DLS alll

When the preemptor and the buyer differ with regards to the price [of the
real estate], then the [decisive] statement is the word of the purchaser, but if
both of them produce evidence, then the [decisive] evidence is the evidence
of the preemptor, according to Abu Hanifah and Muhammad, may Allah have
mercy on them. Abu Yusuf, may Allah have mercy on him, however, said
that the [decisive] evidence is the evidence of the purchaser.

pa fy ave il AU sols POV GE 6 AEM cool lily

SEM se War WS Ty cSt JE Le apattl OST yal

When the buyer claims a price that is higher, and the seller claims less
than that and has not [yet] taken the payment, the preemptor may take it

[according] to what the seller stated, and that is a reduction [of price] from
[the claim of] the buyer.

Soa Jo eo fal JEL Ledst gail (23 OF Ol s
SW Ss
If [the seller] has taken [the payment, then the preemptor]| takes it

[according] to what the buyer has stated, and the statement of the seller is not
heeded.

oe ENS dat Cpl yar 5 pal ia evi jn> \a\ 9
eel pe Lede 8 dl apr ae he Oo) 9 cat
When the seller reduces some of the price for the buyer, it [also] drops for

the preemptor,°*° but if he drops the price completely, it does not drop for the
preemptor.°””

atid Bol DM eG dyed! 3 SLU yg AEM 315 151
When the buyer increases the price for the seller, the excess is not binding
on the preemptor.°*°
pe Ve cre 9 9) SAE ss wes AaacS\9 ¢laris| coe Ia\ 9
SY GeS-L

When many preemptors come together, then the preemption is [divided]
between them according to the number of their heads [persons], and the

difference [in the amounts] of the ownerships is not taken into account.°*?

Lal El O) g cated: apatll Lads} oye Ilo GAB yey
ales Lads 5 95 90 oh JX
Whoever buys a house [in exchange] for a non-fungible commodity, the
preemptor takes it [the house] for [the commodity’s] value.°°° If he bought it

[in exchange] for a measured or weighed [item], [the preemptor] takes it for
the same.

JS) Lak Legis domly JS atl JBI jl ble Ll s

If one sells real estate [in exchange] for real estate, the preemptor may
take each one of the two for the value of the other.°'

a | oe aon toatl A rete wl opty.
can Lal oho ob Anat lid BL cay Lal anit! abe 15s
Aedes 951 gl I gred pad ol dbeioe of WS co 5b
Aaics| alo jel
When it reaches the preemptor that it was sold for a thousand and so he
relinquishes the [right of] preemption, and later comes to know that it was

sold for less than that [amount], or [it was sold] for wheat or barley the price
of which was a thousand or more, then his relinquishment is void and he

[still] has [the right of] preemption.”
a) And 13H (ged pili cay LT Ob ol s
If it becomes clear that it was sold for dinars the value of which is a
thousand, then he has no [right of] preemption.°””
Alb ope ail le ob Anis glad SOG yo REM OL J 13)
4 : J \
If it is said to him that “the buyer is so-and-so” and he relinquishes [his
right of] preemption, then later comes to know that [the buyer] is someone
else, then he has [the right of] preemption.
BY Leakey IY] Aa) bead ged ons) lo AAI yey
JS 5M

Whoever buys a house for someone else, [then] he [himself] is the litigant
in [the lawsuit of] preemption, unless he surrenders it to the client.

a s | oe SHI a Job 3 &\y> jie Yi \ jlo a \S\ 9
Baits Leid: Ell ob yaks Leg Lee ELE Oy cal dat SU
SUI 92 SSN gel BW

When someone sells a house except for the measure of a cubit from the
boundary which adjoins the preemptor, he has no [right of] preemption.*”* If
he purchases a part of it for a [particular] price, and later purchases the rest of
it, the neighbour’s [right of] preemption is in the first part, [and] not [in] the
second.”

Sel RARE aie Lage bo gb al] abo od gad Leto (55
el ose

When one purchases it for [cash] payment then he pays him [in] cloth as
consideration for it, then the preemption is for the [cash] payment, not for the
cloth.

al amy ing gl we daadl) blan| § AL oS Vy
0 SS MS al ary woe S89 TLS

[Adopting] a stratagem (hilah) in [order to be] rid of the [right of]

preemption is not disapproved, according to Abu Yusuf, may Allah have

mercy on him, but Muhammad, may Allah have mercy on him, said that it is
disapproved.

NEL 9g RAL EN (028 Se oho FAN 3151s
LE Sh cone glide Gu yly cdl dads ol leisl Ld ol
aabiy § JAM US
When the buyer has built or planted [the land], then later the preemption
was decided in favour of the preemptor, he has the option:

If he wants, he may take it for the price and for the value of the
’ Building and the plants stripped away, or

2. If he wants, he tasks the buyer with its removal.°°°

Yo Bb pay Cote SF Get gl od a Lisl Os
Se Ig cid) Aan Ca
When the preemptor takes [the land] and builds [upon it] or plants [in it],
then later it becomes the right of someone else, [the preemptor] may demand
the price [of the land], but he may not demand the value of the building and

the planting.

fe Obied) ped am gl logle fol gl sll crongl lly
Obs «pel arom leds eld Of LLL aa do! jas
Jools
When the house collapses, or it burns down, or the trees of the orchard
become dry without anyone’s having done it, then the preemptor has a

choice:

1. If he wants, he may take it for the total price, or

2. If he wants, he may leave [it].°°’

Aue yal\ Jb CASO sat LS ell 6 KAM Gad O) 5
If the buyer tears down the building, it is said to the preemptor, “If you

want, take the open ground”? for its share [of the price], or if you want, then
leave [it],” but he may not take the ruins.

ode O19 a poe arc! adel £ Ysbs Jeg Layl ola! ys
Ana> ae oe Sake 5 JEM!
Whoever purchases some land and on its date-palms there is fruit, the
preemptor may take it with [all] the fruit, but if the buyer has picked it, its
portion [of the price] lapses for the preemptor.°°”
OB AL 5 MN ols AB lal (SJ OL a sth aptell (925 13] 5
are bel Nl bob ig RAM GIS Ol 94 lary Glabblcl ses

When judgement has been given that the house belongs to the preemptor
and if he had not seen it, he has the option of examination (khiyar ar-ru’yah),

and if he discovers a blemish in it, then he may return it because of [that

blemish] even if the buyer had made a condition of not being responsible for
it 2&9

spe Ladd cE Gh LAL ADE Jods gob plat lly
ado 8 JeWl pate > pe cle O| gS

If someone purchases with [the condition of] deferred payment, the
preemptor has a choice:
1. If he wants, he may take it with immediate payment, or

If he wants, he may wait patiently until the deadline lapses, and then
take it.

dowd pale dant Wd jlisll lS iS! owl 13) 9

When many partners divide real estate [amongst themselves], there is no
[right of] preemption for their neighbour because of the division.°°'

dhe GEM Lary ob Aaetdl atl glad Mylo yg FI l5l 5
Lao) Oly Q AAD dad 0b OU Lad Ce ol bp old 5)
Ase) | <aued : 9 SOLS gl yr lao yay

When someone buys a house, and the preemptor relinquishes his [right of]
preemption, and then the buyer returns it due to the option of examining it, or
due to a stipulated condition or due to a blemish, with the adjudication of a
judge, the preemptor has no [right of] preemption.°°* If, however, he returns
it without the decision of a judge, or they both (i.e. the buyer and the seller)
agree to rescind the sale, then the preemptor has the right of preemption.

aS 23) OLS
SHARIKAH — PARTNERSHIP

Partnership (sharikah) is of two kinds:
1. Partnership in owned things, and
2. Contractual partnership.

Sharikat al-Amlak — Partnership in Owned Things

59% WEL A gl Mey Wey Gell SE 25 ts
lagee dels ITs db WIS nei 8 Grae Ol LPs

Partnership in owned things is [regarding] a [physical] item which two
men inherit or which both of them buy, so it is not possible for either of them
to dispose of the share of the other except with his permission. Each of the
two is as if he were a stranger in the share of his partner.

Sharikat al-‘Uqud — Contractual Partnership

Ai slic 14m gl das) ries dgis)l So: BU Gpally
09> 9) aS pcg co all aS i 9 Oke g

The second type is the partnership of contracts [or contractual
partnership], and it is of four kinds:

1. Mufawadah (unlimited partnership),

2. ‘Inan (limited partnership),

3. Sana’i‘ (partnership in manufacture), and

4. Wujuh (partnership in liabilities).

Sharikat al-Mufawadah — Unlimited Partnership
3 Ok glared OMe SRL Of 8 Lolli 45,5 Lb
- Lageny badly
With regards to unlimited partnership (sharikat al-mufawadah), it is that

two men are partners and they [agree that they] are equal in their wealth
(mal), in their transacting [with it] and in their debt.°°

Ne 5 9F Ng ¢ WIL GAUI GLU op SI ye j gout
SJ Me call 5) Saal Saced
It is permitted between two free Muslims who are major and sane, but it is

not permitted between a free person and a slave, nor between a minor and a
major, nor between a Muslim and a non-Muslim.°™

JUN y MIS be Mindy
It is formed according to [the contract of] agency (wakalah) and [of]
surety (kafalah).°°°
bal elab Yl aS i3! de 9 9S Legis daly JS a fy eg
wes
Whatever either of the two [partners] buys it is [due] from the partnership,
except food for his family and their clothing.°°°

SIZE 43 rey be VS gel pe legis to ly JS eg ley
AJ le sYb
Whatever debts are binding upon each of them in exchange for what the
partnership is valid in, the other is liable for them.°°”
BI eegg at amg gl SN a pad Ye Psa} Sy 9 OV
lis 45 EN yles do elall oly on
If either of the two inherits property in which the partnership is fit, or

someone gives [property] as a gift to him and it reaches his possession, the
[partnership of] mufadwadah is void?®® and the partnership becomes limited

[ ‘inan partnership].
Yo ABW Gli by eal Y] aS 3M saad Vy
road BEN 9 NS Ue Hdl Joley OI MS og led 594
begs 25 a
Partnership is only concluded with dirhams, dinars and copper coins
(fultis)°°’ that are in ready demand, and it is not permitted in anything other

than that unless people deal in it, such as gold nuggets and silver; in which
case partnership is valid in them.°?”°

alle ad gis tole IS Fb G29 wh SN boll oly
aS p3)\ lads 65 SN Sle rar
When the two intend to form a partnership in goods, each one of the two
is to sell his half of the property [in exchange] for half of the property of the
other. Then they form the partnership.°”!
Sharikat al-‘Inan’” — Limited Partnership
rg DUS 592 DISS Us sad Glad aS lel
ce Nb Meblae, 9 JU SL shar OF eras g SU 3 poles
With regards to limited partnership (sharikat al-‘indn), it is formed on the
basis of agency but not standing surety,°’’ and disparity of wealth is valid in
it.-’* It is [also] valid if both of [the partners] are equal in wealth but they
have disparity in profit.°”°
Uae O92 dle aay legis tol y JS lorie: Ol 5 54 9
It is permitted that either one of the two enters into the contract with a part
of his wealth, leaving out a part.°”°

a oad da glall Ol Ly EV pa Vo

It [sharikat al-‘indn] is not valid with other than with which we have
explained that unlimited partnership (mufawadah) is valid with.°?”’

PSI Age peg wb Psat age oeg IHR Ol 59H
wal y>

It is permitted if they are partners in such a way that from the side of one
of them there are dinars, and from the other side there are dirhams.

yl 99 Austs UI ob aS i) Leu sols IS ol Aa) leo
Ane arya A pt Se ae ps
Whatever either of the two buys for the partnership, its price is demanded
[from him] and not from the other [partner],?’° and he recovers [the price]
from his partner according to his share in it.°””
cls KEL de ol JS QIU ol gf AS I Sle AML I31 9
eh eid LS SI Sle Mag ed le Atel os I yl 9 AS I
ask ya anergy be pay gle le de Lee 6 Abb
When the property of the partnership, or one of the two properties,
perishes before [the partners] buy anything, the partnership is void.°°? If
either of the two buys something with his [share of] property, and the
property of the other perishes before [his] purchase, then the purchased

[commodity] is [shared] between them according to what they stipulated,°°!
and the purchaser resorts to his partner for his share of its price.

JUN Wales J Oh 9 AS 54s

Partnership [of ‘indn] is permitted even though they do not mix the
property.

clo 0 Lean wal)? LPuoY Lb x51 151 aS iN pocti Yy

If specified dirhams from the profit are stipulated for either of the two,
then the partnership [of ‘indn] is invalid.°°

Ande 9 SUN aay DIOL Se a a glall petals ISy
oe ee 9 DR ORR 9 Ad Grad Oe Sy 9 Alas
Asal Hy SUA Bows 9 Arms 9 SL Cong Ale “ee

Each one of the parties to the mufawadah and the partners in ‘indn has
[the right] to:
Make his property into merchandise (bida ‘ah),
Pay it as mudarabah,”°*°
Employ an agent who transacts with it,
Pledge or demand a pledge,

Hire a third party with it, and

Trade [it] for cash or credit.
His possession of the property is a possession of trust.

Sharikat as-Sana’1* (Partnership in Manufacture)

May I be ITAL SEL Ly IEILG Sid Sly
JS alts Ley EUS jgeed clegiy KI 6 9G 9 TLE
LPsal Joe BE AR 6 ah g aagh Jesll yo Ligue oly
Olea) Lge SIE 39 6 92
With regards to partnership in manufacture (sharikat as-sana’i‘), it is
permitted for two tailors or two dyers to be partners on the basis that both
accept work and the income is [divided] between them both. Whatever work
either one of the two accepts, it is binding on him and is [also] binding on his

partner. If one of the two [partners] works but not the other, then the income
is [divided] between them both, [in] two halves.°°°

Sharikat al-Wujuh — Partnership in Liabilities
Ol de Lb Se Vy SISAL OUESE ogo fl AT Lely
toly [Sy cle de aS 5) raid clan 9 Leemse a b fee
a, fay Led SI LS gis

With regards to sharikat al-wujuh, the partnership is valid when two men
are partners and neither of them has property, on the basis that they buy in
their own manner and they sell [in their own manner], and each of the two is
an agent for the other in whatever he buys.

ON 594 Vo WIS pe NG Glia gig 6 ALN UI Les of
WIS ee NU BSS) Lge 6 ALM OI lb gt ly cad Molen
If they stipulate the condition that the bought [commodity] is [equally
shared] between both of them, then the profit is [also] like that. It is not
permitted for them to differ in [the profit] thereof, and if they stipulate that
the bought [item] is in thirds, then the profit is [also] like that. °°°
leg oleae ly plicrYls lhe yl & 453) 554 Vy
Arle (99.4) 9g3 aderol ol Ligue tole IS oolleol
Partnership is not permitted in collecting firewood, gathering grass and

hunting, and whatever either of the two hunts or gathers as firewood, that is
for himself and not for his partner.

eU Ugle hates Ay gly Sy Ja LAsa Ye REI 15] 5
Fel GIN AS Sg AS 31 rid ley Leal
Oh 9 Sad) Cokes Jalal SIT 3) a: gh Ml ee ol ade coll
Jal ee pol add 4 oh SI Cole olf
The partnership [of wujuh] is not valid if they are partners such that one of
them has a mule and the other has a leathern bucket with which water may be
drawn, and [they stipulate that] the income [is divided] between them both.°°”
The income is absolutely for him who draws the water, and the customary
(mithl) payment for the [use of the] leathern bucket is due from him, if the
worker was the owner of the mule. If [the worker] was the owner of the
leathern bucket, then the customary (mithl) payment for [the use of] the mule

is due from him.°°°

Unsound Partnerships
Shee SUI oly 58 de ed eSB BLE aS IS
alas) bt

[With regards to] every unsound partnership, the profit in it is according
to the amount of the capital, and making a condition of disparity is void.

cles FI shy Gy yt ol WSS SSI el be 15) 5
aS i!
The partnership is void when either of the parties dies,°°’ or becomes an
apostate and moves to enemy territory (dar al-harb).°”°

54 VSS She 155 S05 OI WSS SN ye tals eds

=| 9 SS ool ass $252 Ol Arla gre tols IS o3l ol

Bam she ola 3 sl ISM elol le el pagel GUE Leu
Coes d ele, dO! SUS alll Weey VEy Shs alll az

None of the partners are to pay zakah of the wealth of the other without
his authority.°’! If each of the two does authorise his partner to pay his zakah
[for him], and each of them pays [it], then the other [partner] is [still] liable,
[irrespective of] whether he knew of the payment [by the first] or did not
know, according to Abii Hanifah, may Allah have mercy on him,?’* but
they,°’’ may Allah have mercy on them, said that if he did not know, then he
is not liable.

dy yall OLS
MUDARABAH — PROFIT-SHARING PARTNERSHIP

Sel oye ots

Mudarabah?™* is a contract for partnership in profit, with capital from one
of the two partners and work from the other.

4 oa) a5 p23 i ey 6A JUL YI 2 Lal cant
Mudarabah is only valid with the property which we have mentioned
[earlier] that partnership is valid with.°?°
Lam! gous Y Lelie Lgig eel os Ol got say
Beet eal) ala
One of its preconditions is that the profit be [divided] between them on a
common basis, and neither of the two is entitled to specified dirhams.°”°

Ad SUN 3 oe Vo cyl Di Lede SUM SG GI Vo

The capital has to be handed over to the working partner (mudarib) and
the owner of the capital (rabb al-mal) has no control over it.

C9 SY O ON yeaa jle dale 4 Lal coe \a\s

OVI A glee SUI Ady Id ads Ig eae g Ske »
iy Jeol: Sod ol WS 3 JUG) Gab

When the profit-sharing trade is established unconditionally, it is
permitted for the working partner to buy, sell, travel, give as merchandise and
appoint an agent. He may not give the capital as profit-sharing trade unless
the owner of the capital authorises him [to do] that, or says to him, “Act
according to your opinion.”

A gee dale 3 slate te S Grad! SWIG yas ly
gina Bare dy Lal 25s 5] WIS US He j oles Old 54
Les Aaa] fleas 9 jl
If the owner of the capital specifies that he should transact in a specific
city, or in specific goods, [then] it is not permitted for him to transgress that,

and likewise, if he fixes a specific duration for the profit-sharing trade, it is
permitted, and the contract is void when it lapses.

Be ge Vy aul Vo SU Gy LI os A Ol Gye) Gade
Ay all 599 aan b fds IS pal A5l Jib cade

It is not [permitted] for the working partner to buy the owner of the
capital’s father, his son or someone who will become free from him.°”” If he
buys them, he is a buyer on his own behalf, not for the [contract of]
mudarabah.°”°

Oh g cade See ye GRE DI Gad poy SU BOIS OL»

a) je Ct JUN OS AF Oly lal Jk oe wl fal

Kr) petey Ae cgi Area SE gtd S915 ON cee AL II
Aue dna dad 3 JU Oy) Stall cane 9 ee JU

[Even] if there is any profit in the capital, he should not buy someone who
will become freed from him. If he does buy them, he is liable for the capital
of the profit-sharing trade.°’’ If, however, there is no profit in the capital, it is
permitted for him to buy them. If their value increases, his share in them is
free and he is not liable for anything to the owner of the capital,°°° and the
freed [slave] works for the owner of the capital in return for his share with
him.°!

SW Gy 4 SSL So one be A ylas JU bell abo 131 »
THR > BUI lel Grae Vy UL Gee, J HSB

When the working partner gives the capital [away] as profit-sharing trade
to someone else, and the owner of the capital had not permitted him to do

that, he is not liable for giving it [away] nor for the transactions of the second
working partner, until there is a profit.°’* When there is a profit, the first
working partner is liable for the capital to the owner of the capital.

ds lias Ugady SI G51 adh dy slee 43) abo 131g
je ENB lyadas
When [the owner of the capital] gives it to [the working partner] for a half
[of the profit], and he permits him to give it [away] as mudarabah, and he
does give it away for a third [of the profit], it is permitted.°”
Lig 9¢b SWS abl By be ol de J JE JU Gy olf ob
ice MEAS SIS! Gybaally cre) aes JU Gylb la
crdedl J gs
If the owner of the capital said to him, “Whatever Allah, exalted is He,
bestows upon us, that is [divided] between us in two-halves,” then the owner
of the capital has half of the profit, the second working partner has a third of
the profit and the first working partner has a sixth [of the profit].°"7
ybaalld SLarad Lig gg alll U5} Le Ol Le SB OIF ol s
Layas Sel wy Lakls JUI OO) OM gd Log EK) lal
If he said, “Whatever Allah bestows upon you, that is [divided] between
us in two-halves,” then the second working partner (mudarib) has a third°°

and whatever remains is [divided] between the owner of the capital and the
first working partner (mudarib) as two halves.

ol S) JU 65.5 ated 8 all By be oF de JE ob
Yo weal SUI Ose ce was Se ath a lar
Jo wo Licrol iS
If he said, “Whatever Allah bestows, I have a half of it,” and he [the first
working partner] gives the capital to someone else as mudarabah for a half

[of the profit], then the second has a half [of] the profit and the owner of the
capital has [also] a half, and there is nothing for the first working partner.

ro tas SUI W be ro ob BI Glad bt ol
yl SSI lall ponte » Te ad SUI yas

If he®°® stipulates two-thirds of the profit for the second working partner
(mudarib), then the owner of the capital has a half of the profit and the
second working partner [also] has a half of the profit. The first working
partner is liable to the second working partner for the amount of a sixth of the
profit from his [own] property.

dy all culls Gy Laht of SUI) cole II g
If the owner of the capital or the working partner die, the mudarabah is
void.°"”
calle, Fh gle By LT ge JU Gy wy! 18s
& yLall
If the owner of the capital reneges [on Islam] and migrates to enemy
territory, the mudarabah is void.
FL alo AEI gm Diy cle dy yLall SWIG) Sj aly
gare Ol ald oy 3 29 6 SU y ale whe O) 9 « ple 43 ais
ol ed Lge oY ON 594 Yb LS ys Jjall ane Yo
If the owner of the capital deposes the working partner (mudarib) and [the
latter] has no knowledge [of that] so-much-so [that] he [continues to] buy and
sell, then his transacting [with the capital] is valid.°°° If, however, he knew of
his [own] deposition and the capital was [in the shape of] goods in his
possession, then he may sell them and the deposition does not hinder him
from [doing] that, but then it is not permitted for him to buy anything else
with its payment.
OND pad odds 5 6b ol galy> SU ls dye oly
If [the owner of the capital] removes him, and the capital is dirhams or
dinars in cash, then he may not transact with it.

SUL age ab GyLall po By Spo JULI by WSN 1
elas) aes 3 rey SU BS JO) 9d geil! eLasdl de
Lady § JU Gy JS9 sa) Slag

If both of them separate°’’ and there are debts due from the capital and the

working partner has profited from it, the judge (hakim) should compel him to
settle the debts. If there is no profit on the capital, the settlement [of the
debts] is not binding upon him, and it is said to him, “Make the owner of the
capital the agent for the settlement [of the debts].”

OB SUN oly 99 Co ge 948 ALAN Sle ys elle Ley
ad ula be ole 3B re II be EMA! a1 5
Whatever of the profit-sharing trade’s capital perishes, it is [deemed to be]
from the profit not from the capital, and if the perished [capital] exceeds the

[amount of] profit, then there is no liability on the working partner regarding
that.°!°

AS JW elle gb Jed slabls cy J slants LIS O » |

hae S12 SU Gly SU ay B gta Om cl lol 3 aaa ol

If both of them had divided the profit, and the mudarabah was in its
[original] state, then the whole of the capital or [even] a part of it perished,
they return the profit until the owner of the capital receives the capital. Then,

if there is any surplus, it is [divided] between the two, but, if it is less than the
capital, the working partner is not liable [for anything].

JU AGS Lalande 65 dp LAN ends ce SM Leal LIS Os
J re lal fed Adan 3
If they had divided the profit and [then] revoked the profit-sharing trade,

then formed it again and the capital, or a part of it, perishes, they do not
return the first profit [that of the first contract of profit-sharing trade].°!!

Hered 9 ASL are Ol lea) 5 9 9

It is permitted for the working partner to sell for cash or for credit.
dy Lal Sle ye del Yio luce ton Vy

He®!* cannot marry off a slave or a slave-woman from the profit-sharing
trade’s property.

IS 3S) OLS
WAKALAH — AGENCY

one ay Sop OI ile andy GLSY onde Gl jle wie |S

Every contract, the forming of which is permitted for a human himself, it
is [also] permitted for him to appoint someone else as an agent in it.°!’

J9H9 AGlSl sy Seidl SLB dagadlh LS oll 5 94s
Paral mai Y VSS Ob sladlly gad! SY] ERTL
ole pe JS oll Aye ts
It is permitted to appoint (tawkil) an agent to dispute in all rights and to
secure them. It is permitted for securing the fulfilment [of all rights] except in
[cases of] punishments for contraventions of the limits (hudud) and
retaliatory punishments (gisds), for agency is not fit for securing their
fulfilment with the absence of the principal (muwakkil) from the session
(majlis).°!*
VJdagall Sel 552 Vs DLs alae, dium gf Jy
as db pune Lole o\ Las ys JS gh re SN) eal Le
59% DS al Lgey ety ag: gel JBy rela ol
madi ley pr jS sill

Abu Hanifah, may Allah have mercy on him, said that appointing an agent
is not permitted for a dispute but with the consent of the litigant, unless the
principal is ill or absent for a travelling distance of three days or more, but
Abu Yusuf and Muhammad, may Allah have mercy on them, said that the
appointment of an agent is permitted without the consent of the litigant.

dag Dy aatl CMe due Wohl y hy Gl DS Loyd seg
nas 9 andl boar ok SS ally IVI

Of the conditions of [the contract of] agency are that:
The principal be one of those who owns disposal [of his right]°!° and
' who is bound by the rulings,°!° and
2. The agent be [one] of those who understands sale and intends it. °'7°!®

je Vege 0 9S gf DUS 21 IS 131 5

It is permitted for a free and major [person] or an authorised [slave] to
appoint an agent, the like of themselves.

I gre lac gl ol ils tat! Jae gee leo WSs Obs

LegeS 96 SS, Seidl lee GET Vy ile

If they [a free and major [person] or an authorised [slave]] appoint a
legally incompetent minor, who [nevertheless] understands buying and

selling, or a legally incompetent slave, then [that] is permitted,°'’ and the
rights are not relevant to them, but they are relevant to their principals.°~°

Aaya, Ais \Sigy pe de IS lerin Jl ogislly
M3 Gyiod — Sle Vy el Nl 5 ayll Jee - nec SN bS il
cel akg aed lind JS 5M O92 LS IL Glad sas
lB eel g ceed akg 5 HAN NS] et ee g
cally eldly cISNS -— lS 52 J} LS! ata, née Ss
Sle, ESS 3 99 ISL GLAS AB p> GIB —rasll ao ye
gor 8 LN Sg ape Vo sell 9 MLSs

Contracts that are entered into by agents are of two types:

Every contract which the agent attributes to himself, like selling,
buying and leasing. The rights in that contract attach to the agent and
not to the principal. [The agent] hands over the goods and takes
possession of the payment. The payment is demanded from him
whenever he buys and he takes possession of the goods. He is
challenged in the case of a blemish [in the goods];

Every contract which the agent attributes to his principal, like the
marriage contract (nikah), divorce at the request of the wife (khul‘)
9. and conciliation for intentional manslaughter, for its rights attach to

the principal and not the agent. The agent of the husband does not
demand the dowry (mahr) and the agent of the wife is not bound to
submit her [to the husband].

aad> SY col) dare Shab Sb 6 AEM Jol Ib 134 9
LSE ates OI SS ol 2X de je 43!
When the principal demands payment from the buyer, he may refuse him,
but if he pays it to him, it is permitted, and the agent [of the seller] may not
demand it from him a second time.
AR 9 Aim Aroed je do Wd egt el te Me, J 9 (9

Saheb a J ghd dele DISg AIS g) OY] cak aleey

Whoever appoints a man to purchase something, it is essential that he
specifies its kind, its description and the amount of its price, unless he
appoints him according to a general [contract of] agency, and so says,
“Purchase whatever you wish for me.”

0d Qh Alb ae Le allel oF ae ody SSSI os FI 151 9
45 Vory J JS sll D aobe S13 cons S aeell elo be all

When the agent buys and takes possession of the goods, then becomes
aware of a blemish, he may return them because of that blemish as long as
the goods are [still] in his possession. However, if he has handed them over
to the principal, he may not return them [to the seller] except with the
permission [of the principal].

acolo JS 3 By OB coldly Spall aie JS sil 5 9 s
SSM Blas peas Vy cabal! ley 2.331 3
It is permitted to appoint an agent for sarf (currency transactions) and
salam (advance payment) contracts. If the agent separates from his dealing

partner prior to taking possession, the contract is void, but the separation of
the principal is not taken into account.

Ol al aah abs alle oy gedll el tL JS ll abo 1315

oe Ae dam SB on Bagh! le OI «IS oll be 4 amp
Ce B gts ce Ant Ol aly cpa eds Sy IT GMI SLi

If the agent for purchase gives the payment from his own property and
takes possession of the goods, he may recover it from the principal. If the
goods perish in his possession before he has secured them, then they perish as
the property of the principal and the payment does not lapse.°*! [The agent]
may detain [the commodity] until he receives the payment.

dbs al AP) MF US acl Chee 9 SLs AN) Ae) Vaww 9»

If he secures it and it perishes in his possession, he is liable [as he would
have] liability for a pledge,°** according to Abi Yiisuf, may Allah have
mercy on him, and [as he would have] liability for sold golds,°*’ according to
Muhammad, may Allah have mercy on him.

Ad WS 9 Led Spats SILAGE ald Whey Joey JS 151 9
UP 9F PVE 9) Brky ol de abl LglSo3 IY) 35 O99

ANE op clab slous darrs dy 9) 25h pe oe Sen gl

When a man appoints two men as agents, then neither of the two may
transact in that [matter for] which they have been appointed without the
[presence of the] other, unless he appoints them:

1. [To represent him in] a dispute,

To divorce his wife without consideration,
To set his slave free without consideration,
To return a deposit that is with him, or

To discharge a debt that he owes.

gh JS gh od OSL GI Yc: JT Led Iq OT LSD neds
ob Jas} 4) J 9h

ae Yb

The agent may not appoint an [other] agent [for] that which he [himself]
has been appointed an agent for, unless the principal authorises him or says to
him, “Do as you wish.”

ME SN 9 Sle pare ALS 9 iad alS 90 5! pe JSs OL
jE IN LSM HEB Bae pe
If he appoints an agent without the authorisation of his principal, and the

[second] agent makes a contract in his presence, it is valid, and if he makes a
contract in his absence and the first agent permits him [to do that], it is valid.

5 Spall edly J OB AIS ge SSS! Sj Ol Sgally
ele gm ple dpaliy adlSy Se
The principal may depose the agent from the agency.°** If [the notice of]

the deposal does not reach [the agent], then he is [still] an agent, and his
transactions are valid until he comes to know [of his deposition].

That which Invalidates Agency
pls Bly clades Voie sigiey «IS oll Soe DIS Nese
Sy 3
The agency is void upon the death of the principal, by his complete
insanity and by his moving to enemy territory as an apostate.°*°
NK pil glade pedal 5 5U gl jae SSI IS5N51 9
wins J IIS ple DT Shas LYS age god 86

When a mukatab slave appoints an agent, and then he or the person

1. authorised by him becomes incapable,°° then he is declared legally
incompetent, or

2. Two partners who then separate.
These are all instances that nullify the [contract of] agency, [irrespective
of] whether the agent knows or does not know.
SE ON g AVIS g cle; ber Ugion ge sl SS Le 15] 5
Line oor SIM Gradlal jt Ju, odt la
When the agent dies, or suffers complete insanity, his agency is void. If he

moves to enemy territory as an apostate, transacting is not permitted for him
unless he returns as a Muslim.°*’

42 JS 9 bed Antes IS gM Bnei ob ects Mey Io G3
BIS) cll
Whoever appoints a man [as an agent] for something, then the principal

himself transacts with that which he appointed [the agent], the agency is
void.°*®

dite Gl Le dd Old 554 Yel lly all LSpy

ode 9 Aim 9) 9 oly Ugg oly y odmy aul ae SS abl ae

day j 5H ids abl Lgey sty aug gil SIBy caslRey
ASlReg one $Y) dail he gis

[With regards to] the agent for selling and buying, according to Abu
Hanifah, may Allah have mercy on him, it is not permitted for him to enter
into a contract, with his [own] father,°*’? his grandfather, his son, his
grandson, his wife, his slave and his mukdtab slave.°°? Abi Yisuf and
Muhammad, may Allah have mercy on them, however, said that his selling to
them according to the customary price (mithl al-qimah) is permitted, except
in [the case of] his slave and his mukatab slave.

ar) daze gl de By WIL ay 594 al USDMs
pplin, Y Qliadty day j 94 Vi Shs al Lgary Vs «SLs all
alts 3 ld!
[With regards to] the sales agent, his selling is permitted in small or large
[quantity], according to [Imam] Abu Hanifah, may Allah have mercy on him,
but they,°’! may Allah have mercy on them, said that his selling is not
permitted in [such a] diminished [quantity] to which the people are not
accustomed.°**
ll pple Bol jg deel! he onde 59H ol IL LS lly
Weis J
[With regards to| the purchasing agent, his contract is valid according to
the customary value and [up] to any excess to which people are accustomed.

(A9 whl plas 'Y SI 9 calrs 3 yl ple Y lk 3 is

That to which the people are not accustomed is not allowed, and whatever

the people are not accustomed to is that which does not come under the

valuation of the valuers.°°?

JEL had FEM 36 yaill aad STs ed ls
If the sales agent guarantees the payment on behalf of the purchaser, his
Suarantee is void.
al aay daze Gl us jle adel ply ode aw AS 131 9
DNB gb ge ol WG aba g Aly re el dy lS Oy le

IS Med adh sie

When someone appoints an agent to sell his slave and he sells a half of
him, it is permitted according to Abu Hanifah, may Allah have mercy on him.
If he appoints him as an agent to buy a slave and he buys a half of him, the
purchase is suspended, and if he buys the rest of him, it is binding on the
principal.

ey yp Be GEL aye pb SUbyl Spe ol pb IS 9 151s

B pias axe SS shi a3} way Sie, Brie ale rly od oe aay

all gay VEs dls al ary dage Yl ve way? hat
9 pas Aaj 7d

If he appoints him as an agent to buy ten ritls of meat for [the price of]
one dirham, and he buys twenty ritls of meat for one dirham the like of which
is sold as ten ritls for one dirham, then [only] ten ritls [of meat] for half a
dirham is binding on the principal, according to Abu Hanifah, may Allah

have mercy on him. They,°’* may Allah have mercy on them, however, said
that twenty [ritls is binding on him].

dent dy yO) Ad pad agar ccd el phy AIS Ol s

If he appoints him as an agent to buy something specific, he [the agent]

should not buy it for himself.
VY SS gl 998 Ye GABL ane pee de el py lS 1 9
JT g hl Se ag fy gh JS gal) el EN oy 95 1 gi
If he appoints him [an agent] to buy a slave without specification, and he
[subsequently] does buy a slave, he is for the agent, unless he says, “I

intended to buy [him] for the principal,” or if he buys him from the property
of the principal.

ayy ly dase ul ue adh JS degeabl LS pMs
dawadl MSs Guill eae Ly Tli all ager wets
The agent for a dispute [settlement] is [virtually] an agent to take
possession, according to Abu Hanifah and Muhammad, may Allah have
mercy on them, and the agent for taking possession of [repayment of] a debt

is an agent for [the settlement of a] dispute, according to Abu Hanifah, may
Allah have mercy on him.

coy) 8) jhe gold! sre AS g2 Se de gaadel JS shi 31 15) 5
Lager) dat g dam sl dic golal pb wre ale oy 5) 55H Vo
al}\ As”) Ww 9) sl Jag (Ae gyad| CY C2 re Y| dbs als
gall _p& vis ale o)| 8) j 9% Sls
When the agent in a dispute confesses against his principal in the presence
of the judge, his confession is allowed, but his confession is not allowed
against [his principal] in the presence of someone other than the judge,
according to Abu Hanifah and Muhammad, may Allah have mercy on them,
but that he should leave the dispute. Abu Yusuf, may Allah have mercy on
him, however, said, “His confession against [the principal] in the presence of
someone other than the judge is permitted.”
ol el Abad ays 925 8 SUN LS ail cool Gey
a3\ abo Vg Sle Bad SI poe OM ca! ull gdh
oy SLEL ISO LS aN Ue 4 amy 9 LEE Gall eal

Whoever claims to be the agent of someone who is absent in the affair of
collecting his credit and the debtor affirms that, [the debtor] is ordered to
submit the debt to him. If the absentee [principal] arrives and acknowledges
[the agent as his bailiff],°°° it is permitted. Otherwise the debtor pays him a
second time and recovers it from the agent if it is still in his [the agent’s]

possession.°”°

we SD Gogll Baad Gaps! ad 15s Gp JE oly
4a ected

If he says, “I am the agent for the recovery of the deposit,” and the
depositary verifies it, he is not ordered to hand it over to him.

JU OS
KAFALAH — SURETY

JUL AWS, tL DUS ol _p2 DUN

Surety (kafalah) is of two types:
1. Surety of person (nafs), and

2. Surety of property (mal).°°”

Surety of Person
4p J ASM leat Opell Jeg dle ttl JUL

ri (Ame gl (ALS gl COS (nt NESS» SB 15) sda
CALE | cade gl aul yy gl coduoe
[The contract of] standing surety for a person is permitted, and the person
who stands surety for him must present the principal (makful bihi).
It is concluded when one says:
1. “I am surety for the life of so-and-so,”
...for his neck,”°?®
...for his soul,”
...for his body,”
“ ..for his head,”
“,.for a half of him,”

“'..for a third of him.”

po? ee Se. Ie

ale ae) Ul gl Ah ol de ge gl cated» SUB Oy! WIS
, ad
Ad Sud
Likewise, if one says:
1. “I give guarantee for him,”
2. ‘He is la liability] upon me,” or“... to me,”

3. “I am responsible for him,” or “... surety for him.”

aej) ai 8, 3 4 J iS! QL DUO 3 bt ob
Aun “S| 9 0 ca | OW ccedgh) CUS 3 4 aSib Id) oylaam|

0 \L\

If a condition is stipulated in the [contract of] surety to surrender the

principal at a specific time, it is binding upon [the one standing surety] to

present him when the one to whom the surety was given (makful Iahu)

demands him from him at that time. If [the one standing surety] presents him

[then it is good], but otherwise the judge (hakim) detains [the one standing
surety ].°°"

acaS lS Se ad J gS pads GI B daly opcaol II 9
If [the one standing surety] presents him [to the one to whom the surety
was given] and surrenders him in a place where the one to whom the surety

was given can present his case legally against [the principal], the one
standing surety is free from [the bonds of the contract of] surety.°*”

Boel B ralud gold! pale Bachan Ol be JAS 151 9

In dE SOU Se tsy

When he stands surety to surrender [the principal] in the assembly of the
judge but he surrenders him in the marketplace, he is [still] free [of the
obligations of the contract of surety], but if he submits him in the wild, he is
not free [of those obligations].°*!

DUS yo tds JAS! tsp oe J ASM be 151g

If the principal dies, the one standing surety of person is free from the
[contract of] surety.

9 SS By Ba Bly DO} ail de any JS Ol»
JUN Slane A035) <3) 3 opt a9 all gag ade U ols

If he himself undertakes the surety [on the condition] that if he does not
present him at such a time then he [himself] is liable for whatever is due upon
[the principal], and that is one thousand [dirhams], and he does not present
him at [that] time, the liability for the property [of one thousand dirhams] is
binding upon him, but he is not clear of the [contract of] surety of person.°*7

dase gl us yolailly ogidl § atl DU 5 94 Vy
SS alam,
Standing surety of person is not permitted in punishments for

contraventions of the limits (hudud) and retaliatory punishments (gisas),
according to Abii Hanifah, may Allah have mercy on him.°*°

Surety of Property
I) Sgge gl 4s J gS GIS leglas 353 JUL DENI Ll,
Le gh ceny> BL are LSS 2 gf SI fhe Ler Ly OF
acl Vas BIS py Ke 9] cae
[With] regards to [the contract of] standing surety for property, it is
permitted when the debt is valid, whether the principal is known or unknown.
For example, someone says:
1. “I am surety for him with regards to one thousand dirhams,” or

2. “...with regards to whatever he owes you,” or
3. “...whatever comes to you in this transaction.”

ALS SI 9 hol ade cM Mb eld | yhdbL 4 J ach,
JAS) Nb

The one to whom the surety was given (makful [ahu) has the option:
If he wants, he may demand from the one who owes the original
" [debt],°** or

2. If he wants, he may demand from the one who was surety.

Ub Sal be J g& SI be be IL DUO gs jot
Bad OE hyat Le gl «Jad ale U OS be 3! ded

It is permitted to tie the [contract of] surety with conditions. For example,
someone Says:

1. “Whatever you sell to so-and-so, [its payment] is [due] from me,”

2. “Whatever is due from him to you is due from me,” or

3. “Whatever so-and-so expropriated from you is [due] from me.”

ade BL dns! cls cade WW ke GSS JU 131s
Ans ee SAS 58 J 9A Lgl i DO! y «Jet ree

M3 oye AF ais J gM Gfel OB a Ban be ylade G
AUS Ss Gre J

When someone says, “I am surety for whatever he owes you,” [and] then
evidence is established that [the principal, or debtor] owes one thousand
[dirhams], the one who is surety is liable for it. If, however, evidence is not
established, then the [decisive] statement is the saying of the person who is
surety along with his oath about the amount he acknowledges, and if the
person for whom he is surety acknowledges more than that [amount], he is
not believed against the one who is surety for him.°*°

0 yal, jas Oe £0 yal Ke AS Jah ek HUI ja
ds GR K ae A opel _ pe LT Ol 9 cade Gop Li 020
05) O18 cate 5252 SI LS JUL ae J 9AM IU Gl Ja
CSUN 13! 9 caale A go aie J aS lela WIS JUL
Ved GAS ol OI 9 <LaSS tg pp are B girl gl are J aS
Lo pig DUS oye Bel pM Gls 5 9H Vo care J gf
Being surety is permitted by the order and [also] without the order of the
person on whose behalf someone is surety (makjful ‘anhu); if someone is
surety by his order, then he claims [from him] whatever he paid on his behalf,
but if he is surety without his order, then he does not claim for what he paid

on his behalf.

Someone being surety may not demand property from the person on

whose behalf someone is surety (makful ‘anhu) before he pays it on his
behalf, but if [the person who is surety] is obliged [to give] the property,

[then] he may compel the person on whose behalf he is surety (makful ‘anhu)
[to pay] until he clears it. If the person seeking [the sum]**° absolves the
person on whose behalf someone has been surety, or he receives [the
property] from him, the person who is surety is [also] free. Attaching a
condition to absolving someone from the [contract of] surety is not
allowed.°*”

42 DUS pai VY LAS Gyo blazed GS Y Ge SS
elailly it lS
Every right, the fulfilment of which is not possible by the person who is
surety, the [contract of] surety is not valid for it, such as [in the cases of]

punishments for contraventions of the limits (hudud) and _ retaliatory
punishments (qgisds).

AU Se HS dle Sle Gell CAEN Ge JES N35
guts 2 tath
It is permitted for someone to be surety for payment on behalf of a
buyer,°”° but if he is surety for the object of sale on behalf of a seller, it is not
valid.°*?
DUS Bile ne pee IT Ol 9 hath
Whoever hires an animal for carrying, if it is a specific [animal], the

[contract of] surety is not valid for the load, but if it is not specific, [then] the
[contract of] surety is permitted.

BV cst! de 3) J gS J ad Yl] DSI cont
fee ge USS 45 hd eM Jb of cay Gel, DL
[The contract of] surety is only valid with the acceptance of the person to
whom the surety was given (makful Iahu) within the session of the contract,

except in one case, and that is when an ill person says to his heir, “Stand
surety on my behalf for whatever debt is due upon me,” so that he stands

surety for him in the absence of the creditors.
OF ele Ja legis sols JS 9 Sl de Cpl OIS 151.3
Lb ee GF de & een J tel sol Lb 55
bab SL re ras| le ao

If [repayment of] the debt is due from two people and each of the two
stands surety [and is] liable for the other, then whatever either of them pays,
he does not recover it from his partner unless that what he gives is more than
half,°°° [in which case] he may then recover the excess.

SAS Legis dol JF oT de BL dey Ge SIS! JUSS 13] 5
OS YB ca Se Adar amp Pal gall sacle ys
eS ol
When two persons are surety on behalf of one [and the same] person for a
thousand [dirhams] such that each of the two stands surety for his partner,

then whatever either of them gives, he recovers it from his partner, whether it
is a little or a lot.

Bae gh dy LASS > el gw LES Je DUS 5 94 Vo

[The contract of] surety is not permitted for the property of the contract in
which a slave agrees to purchase his own freedom (kitabah), irrespective of
whether a free man stands surety for [the slave who has contracted to
purchase his freedom (mukatab)| or a slave.

acs Joy URS EA A Jy Og adeg Jo MN Ok I51
LPs y dhe alll Am) Adm lve SUI nad J cle sl
co GUS AU LE)
When a man dies owing debts, and he has not left anything, and a man
stands surety to the creditors [for him], the [contract of] surety is not valid,

according to Abu Hanifah, may Allah have mercy on him, but according to
Abu Yusuf and Muhammad, may Allah have mercy on them, it is valid.

SN 5d) OLS
HAWALAH — TRANSFER OF DEBT

Jody Jbodly hod Len cals «d atl dle Dl 4
ALS

Transfer (hawalah) of debts is permitted. It is valid with the consent of:
1. The primary debtor who is transferring the debt (muhil),
2. The creditor (muhtal), and
The person to whom responsibility for the debt is transferred (muhtal
" ‘alayhi).°>!

a) Sted am do Ostll oe body AFI CE IS y

Adm 5 9 OI Y! Jot Je

When the transfer of debt is complete, the primary debtor who is
transferring the debt becomes free of the debts,°°* and the creditor may not
recover it from the primary debtor who is transferring the debt, unless his
right is infringed.

BaF SU scp Nook SLs allary dace Ul ue 6 gills
Lidsacege glade dis Sa als oll d

According to Abu Hanifah, may Allah have mercy on him, infringement
[of a right] is by either of two ways:
Either [the person to whom responsibility for the debt is transferred]
denies [the existence of] the [contract of] transfer of debt and takes an
’ oath [upon it], and the creditor has no evidence against [the person to
whom responsibility for the debt is transferred], or
[The person to whom responsibility for the debt is transferred] dies
‘ insolvent.

Amo 9 Sigal Slide: Ms Ul lL yey ety cdg gil Sig
le Se Bel SUI Ks Ol gay EIU

Abu Yusuf and Muhammad, may Allah have mercy on them, said that
these are two views, and there is a third view and that is that the judge
(hakim) declares [the person to whom responsibility for the debt is
transferred] insolvent during his lifetime.

hel Sea d)\ 43-| Sle jas hel ade Sea Sib \a\ 9
Cpl Joe ade GIS g cad Le J «thle J pu cuboly

When the person to whom responsibility for the debt is transferred
demands from the primary debtor who is transferring the debt the same
amount as the property of the transferal of debt, and the primary debtor who
is transferring the debt says, “I have transferred the debt I owe you,” his
Statement is not accepted and he owes the equal [amount] of the debt.

Elo! el JR & SEI Ke Jed Jodi Ob ols
JB celle Dp gilel by V Shed Sly «d aaa

If the primary debtor who is transferring the debt demands from the
creditor that for which [the person to whom responsibility for the debt is
transferred] accepts the transfer and says, “I made the transfer so that you
may take [the debt] for me,” and the creditor says, “No, but you made me the
transfer of the debt [in exchange] for a debt which I owe you,” the [decisive]
Statement is the saying of the primary debtor who is transferring the debt
along with his oath.

a> cpl oe pa As Slhatewl Py : 99 Zo ae yr 9
jd

Bills of exchange (safatij) are disapproved; and that is a loan by which the
person who lends benefits by safety from the perils of the way.°°?

reall OS

SULH — NEGOTIATED SETTLEMENT

99 De as heey cl Bl ae che opal BE Le cleall
PIE MS JS 9 IS) a2 eles Ce Vy ade cal oY 5

Negotiated settlement (sulh)°>* is of three types:
1. Negotiated settlement with acknowledgement,
Negotiated settlement with silence — that is when the one against whom
2. the claim is made (mudda‘a ‘alayhi) does not confirm but neither does
he deny, and
3. Negotiated settlement with denial.

All of that is valid.

SUEIL pay us Je os ae, I 9 «Sie Sle ye

If negotiated settlement occurs from an acknowledgement, then that which
is taken into account in commercial goods®°° is taken account of in it, if it
takes place in the exchange of property for property. If, however, it occurs in
the exchange of property for benefits, then it is taken into account as [that] in

leases.°°©

Nasy ade coll Go 3 WSYly Sd ye calls
4,2 olal| oa ead ce (39 As gad | cats Cpou) |
Negotiated settlement arising from silence and denial on the part of the

defendant is for the expiation of an oath and to discontinue a dispute, and
with respect to the plaintiff it is in the sense of compensation.

aio de gile \3| 9 Aaa eb 6H J slo ge cle I31 5
Sak oes

When one makes a settlement concerning a house there is no right of
preemption in that, but if he makes a settlement against a house [then] there is
a right of preemption in that.

ary a cial (ae G8 U3) os call WS I3| 9
2525) ye US dare ale cll

When the settlement arises from an acknowledgement and entails some
benefits, the defendant recovers that share from the compensation.

a5 jlaMl goctald SG) ol co | ade ls
ad ¢ jlall Goeb IS) 9] oS oe gia)! a9 ols
2 sal 9 deed call <<
When the settlement arises from silence or denial, then a disputant merits

it, the claimant returns to litigation [with the new claimant] and returns the
[full] consideration [to him].°°”

4d degatl ary y dam 2) MNS yaa Gocul 0! 9

If someone is entitled to a part of that [disputed item], he returns his share
and returns to litigation over it.

west de US oe rly? tee of olo 8 > Go! Ol s

egal je ltop J lilt ae gern

If someone claims a right in a house and does not make that [right]
clear,°°° then settlement is made [with him] for something, and later [it

appears that] he is entitled to a part of the house, [the defendant] does not
return any of the consideration.°””

Wad hg rand Aslinry aSlDly Spel o ge p2 Sle pllly
A> S359 DSF VS

Settlement is permitted in claims concerning properties, benefits, and
deliberate and accidental offences, but it is not permitted in claims of hadd
[punishments ].°°°

Sls fe abled tod 09 EIS al yal Se Joy 69 IB
AB gas SIS s Sle GWAR ad

When a man claims marriage with a woman and she denies [it], and she
then makes a settlement with him by giving him some property so that he
drops the claim, it is permitted, and it is in the sense of khul‘ (divorce at the
instance of the woman).

34 Juba Jk bs Lt led Joy Je teISGEI wl sal l5ls

When a woman claims marriage with a man and he makes a settlement
with her by giving her some property, it is not valid.

je ollecl Sle Je Slab ore ail Joy be Jey scot ols
Ske ds Sel ge B call & BOs

If a man claims against [another] man that [the latter] is his slave, and [the
latter] makes a settlement with him for property which [the latter] gives [to]
him, it is valid, and it is with respect to the claimant in the sense of setting [a
slave] free in exchange for property.°°!

JF J Aull ade Gone g09 ral ale abs ech JSs
ASb Leduly adm aad ulail te Lat lk] pdoslall le
Bo le a® fe abled ole gay all Joy ed eS
Sa he Call ds ate 9s (Adm ae JF ol pl als jog jle
BI pb Jel al sje
Everything upon which a settlement takes place and it is owed due to a
contract of loan, it is not based upon compensation,°’* but it is based upon
[the fact] that he took the fulfilment of a part of his right and relinquished the
remainder of it, like someone who is owed a thousand good quality dirhams
by another [person], and he makes a settlement with him for five hundred
dirhams adulterated with alloy,°°’ which is valid, and it is as though he has
absolved [the debtor] of a part of his right. If, however, he made a settlement
with him for a thousand [dirhams] to be paid at a later date, it is [also] valid,

and is as if he postponed the right itself.°°*

54 Se DN pho de athe 3s

It is not permitted for him to make a settlement with [the debtor] for

dinars [deferred] up to a month.°°°
5A Me Be wt Jo abled Jojo Mid oS 9s

If there are a thousand [dirhams] due him at a later date and he makes a
settlement with him for five hundred [to be paid] immediately, it is not
permitted.

5A ag Ble et fe abled dyn apr Bla os

If a thousand black dirhams are owed him and he makes a settlement with
[the debtor] for five hundred white°°° [dirhams], it is not permitted.°°”

Atle be JS ash J abled ais chal Mey So ee
JS ga IY SUly arent IY ae

Whoever appoints an agent [to make] a settlement on his behalf and he
makes a settlement with [that party], [then] whatever [the agent] makes the
settlement with is not binding on the agent, unless [the agent] [personally]
becomes responsible for it, but the property is binding upon the principal

[only].
O) aegl Ae sl be 54 opel pe ered Ue ae le ob
Al de ddler JE 3 WIS pall gi aieds Si dle
WAS g CAN gehen a0 3S 9 chal eo (ae Sse ds 3\ (ode
je ed or JIB als cad! gelug call fe dete» JB
ade cihl ojlel Ob dabge Lad aS! alin dy «ll
Sle 05H Jo) g DY aa5}o jle
If [the agent] makes a settlement [with another] on his behalf without his
order, then there are four perspectives:
If he made the settlement with property and he [personally] is liable to
’ him [for it], the settlement is complete,
Similarly, if he says, “I have made a settlement with you for two
thousand [dirhams],” or “...for this slave of mine,” the settlement is

‘ complete, and the surrender [of the two thousand dirhams or the slave,
as the case may be,] to him is binding upon him,

3 Similarly, if he says, “I have made a settlement with you for a thousand
[dirhams]” and [immediately] surrenders it to him, and

Similarly, if he says, “I have made a settlement with you for a
thousand” and does not surrender that to him, [in which case] the
" contract is suspended, if the defendant permits it, it is allowed and the

thousand is binding upon him,°°’ but if he does not permit it, it is void.
SS dead ye sel Shad SS Nl Ge Gell UIT 131»
3 9 adas Glade Ci ales Sl ISL aS 23s
When there is a debt [owed] between two partners and one of the two
makes a settlement of his share upon some cloth, then his partner has an
option:

If he wants, he may pursue the one who owes the debt for his half [of
’ the share of debt], or

If he wants, he may take half of the cloth, unless his partner becomes
" responsible to him for a quarter of the debt.

AS shed, G1 AK p8) IT Gaal Gye Aaah Gia B gil gly
ABUL oe 3 Ue Oley oh ad leg
If one [partner] receives half of his share from the debt, it is permitted for

his partner to share with him in that which he has taken. Then later they may
resort to the debtor for the remainder [of the debt].

oy AD gid OW dale spl cy Anan Pam! 6 KEI Ss

If one of the two [partners] buys goods with his share of the debt, it is
[permitted] for his partner to hold him liable for a quarter of the debt.°*”

JS dai ye LPse| plas OSS 23) Ow what OW 13) 9
JSBy «Blo alll gery dots dase gl ce pe} SUI HL
cheall j oH DLS alll amy dag 9)

When there [exists] a [contract of] salam between two partners and one of

them makes a settlement of his share upon the capital, it is not permitted
according to Abu Hanifah and Muhammad, may Allah have mercy on them.
But Abu Yusuf, may Allah have mercy on him, said that the settlement is
permitted.

cb loglact Jie lgie easel ga SBS) 9 WAT Wi OWS 131 5
OB AES gh ogheel be SIS MLS je U9 6 gl lis AS Wly
LUIS 548 Aad oghecld Lind oi Led ogbeels 2.28 a5 Ul ool
When there is inheritance [to be divided] between heirs and they exclude
one of themselves from it by [settlement of] some property which they give
him, and the inheritance is real property or goods, it is permitted, whether
they give him a little or a lot. If the inheritance is silver, and they give [him]
gold, or it is gold and they give silver, then it is likewise.°”°

ghd be ogdlad U3 pbs dads Lad ATW Calf Ol 9
Ad DS ys aged ye ATT ogheel bbb SK Ol 4 WE Lai
S| AM Ady ys Adon Bal, jSly als arab SO >
If the inheritance is gold and silver plus other than that and they make a
settlement with him for gold and silver, then it is essential for whatever they

give him to be more than his share in that genus, so that his share is equal to
it and the excess is for his right from the remainder of the inheritance.°”!

Iga ST Ne reall Bogle ob pL fe ly ATA OIF 131 s
5AM gle? OB Sole chaallé pb 210 95 9 6 lla
SP lh ace lino an le

When the inheritance is a debt owed by people, and they include him in
the settlement of that on the basis that they exclude from it the one who
makes the settlement, and that the debt is for [the heirs only], then the
settlement is void [with that condition]. If they stipulate that he release the
debtors from it and not resort to [the inheritors] for the share of the one who
made the settlement, then the settlement is permitted.°”-

Ad) lS

HIBAH —- GIFTS

aD 959 J gly EYL cea Sh

[The contract of] gift (hibah) becomes valid by offer and acceptance®””

and it becomes complete with taking possession.
Shy ile Gaal gl 531 pee pled! 3d geal! 25 Of
2B & Gall OSL SI] que} GLB aw 25

If the person given the gift (mawhub Iahu)°”* takes possession within the
[same] session without the authority of the person who gives the gift
(wahib),°’”° it is permitted, but if he takes possession [of the gift] after
separation,°’®° it is not valid, unless the person who gives the gift allows him
[to take] possession.

\ us Nraslel 4 tudes g clileds Cd 9 :Al 94) Aid| JisiS 9
Cle 9 ce gall \ Jun OG ol 9 (2A) wi gl \ ua clas» lala
AB! SWAL 5 55 151 All ode be

[The contract of] gift takes place by [the person who gives the gift]
Saying:
1. “I give youaasa gift...,”
. “I make a present of to you...,”
“T give you...,”
. “I feed you this food,”
. “Trender this garment yours,”
“T have given you this thing for life,” and
“T have mounted you on this [riding] animal,” when, by the mounting,
’ he intends it as a gift.

Ae genie 8) oF S| nds Led ABI 5 9# Vs

677

A gift is not permitted in that which is divisible,°’’ unless it is divided and

[also] free from rights.°”°

Ble ek VL pM aay

A gift of common property in that which is not divisible is permitted.°””
Sle Aakig Aouad GIS cSrwld Abb le Lie Lett Uns tye
Whoever gives a small portion [of that] which is communal as a gift then
the gift is vitiated, but if he divides it and gives it away [then that] is

permitted.°°°
OI Brnld AAG pune 3 lino gl alam 3 LES ry slp

JE 3 ely ob
If someone gifts flour [which is still] in the [grains of] wheat, or oil in the

sesame, the gift is vitiated. So, if he grinds [the grains] and hands [it] over, it
is [still] not permitted.

284 dO) 9 ABL Ye I Gyagll ay S yll IIS 151 9
If the material [gift] is in the possession of the one given the gift, then he

has ownership of it through gift, even if he does not renew taking possession
of it.

OB cdl Gel YSe dus peal ac CY) ang USL
AM ah CE dee Sel Cans
When a father gives gifts to his minor son, the son acquires ownership of
it with the contract [itself], [even though there is no possession involved], but

if a non-relative gives gifts to him, it is complete by the father taking
possession.

Je Ady aed ee a) ag IIs

It is permitted if [a non-relative] gives gifts to an orphan and his guardian

takes possession of it for him.
3B IT S| WIS s Bzle ad aud al jae 3 OW Oly
Ble dad ay » gel po
If someone is [still] in the lap of his mother [as an infant], then her taking
possession of it for him is permitted, and likewise, if he is in the lap of a non-

relative who is raising him, then his taking possession of it for [the infant] is
permitted.

Sle Jie 92 9 dati LAI coll p23 O} 9
If a minor takes possession of the gift himself, and he is intellectually
sound, it is permitted.
Sle Lyla se Ly Gyo GEST Gang IB 9
It is permitted if two persons gift one house to a single person.
all ary dage Gl ue Tod I Oe Holy 9 Ol s

ped 2 SUS alll Lees Wy Slo

If one person gifts to two persons, then according to Abu Hanifah, may
Allah have mercy on him, it is not valid. They,°°! may Allah have mercy on
them, however, said that it is valid.

Retraction of a Gift
Ags Aad gar SIS led & gall ab aye ge) Gung 15 5
Aid| eu gl (Cp ddl at wot al (AL atie dob | wv gl
A) ga ghl We

When someone gives a gift to a non-relative, retracting it is permitted,
unless:
[The person given the gift] gives a consideration to [the person who
" gives the gift] for it,°°* or
2. It increases in such a way as is mingled [in it],°°°

3. One of the contracting parties dies,

4. The gift leaves the ownership of the person given the gift.°°*

Le DAS 9 Led & soy WE are 0 poy GA Ae 29 I s
PN Gog NM sel aay
If someone gives a gift to an un-marriageable close relative (dhu rahm
mahram), then there is no [right of] retracting it, and likewise whatever one
of two spouses gives as a gift to the other.
gl cue je lege lhe de sal ol) al Gomell JLo ll
When the person given the gift says to the giver of the gift:
1. “Take this in consideration for your gift,” or
2. “...in exchange for it,” or

3. “...as an equivalent for it,”
and the giver of the gift takes it, the [right of] retraction lapses thereby.

alg a Leyes od gael os Quel e236 Ol
£ sel Lk. yall
If a non-relative gives to [the giver of the gift] a consideration on behalf of

the person given the gift, as a contribution, and the giver of the gift takes the
consideration, the [right of] retraction lapses.

Geel ON g egal ad aay AA) eed Gol 15]
Le Bop IY et abl Bary J opt Ge
AAI SS Sern
If someone is entitled to a half of the gift, [then] he may claim a half of
the consideration [from the person who gives the gift]. If he is entitled to a
half of the consideration, [then] [the person who gives the gift] may not

retract anything of the gift, unless he returns whatever else of the
consideration there may be. Thereafter, he may retract the whole of the gift.

oS BI Soe sh cleguel & WA B ¢ gM coe Vo

Retraction of the gift is not valid except with the consent of both parties,
or with the order of the judge (hakim).

gghl ardd Gotans Lgloctal od dy gargll Spall A513

When the material gift is ruined and then someone entitled to it appears
and takes compensation from the person given the gift, he may not claim
anything from the person who gives the gift.

lent edgall & eles pool Sosll bods Ung lbl
jks dl 22 :agll Re BOs sal ne Lalo Ia\ 9

Aad iN Ed Ay cd; 5

When one gives a gift with the stipulation of a counter consideration,
[then] it is determined by the mutual taking possession of both
considerations. When both parties have taken possession, the contract [of
gift] is valid, and it has the [same] ruling as that of a [contract of] sale in
which [the commodity] may be returned due to a blemish, and there is the

option to purchase subject to investigation (khiyar ar-ru’yah), and for which
there is the right of preemption.

Age da a) Jo tila Je Sal pad dpe 6 pall

‘Umra (the grant of the use of something for life)°°° is permitted for the

person given the gift (mu‘mar lahi),°°® during his life, and to his heirs after
his death.

gl Jy Sls al gry rots dine yl vc ILL 3 Ny
dj l> dS al aay dw 3
Granting something as a gift on succession (rugba)°’’ is void, according

to Abu Hanifah and Muhammad, may Allah have mercy on them, but Abu
Yusuf, may Allah have mercy on him, said that it is permitted.

ele) las 9 cAdl cone [gle YA jle Caag Sys

Whoever gifts a slave-woman as a gift [whilst] excluding her unborn
child, the gift is valid but the exclusion is void.

Jat ple S92 Vy ATL ped VAD Bally

Acyl |

Sadagah is like a gift: it is only valid with taking possession and it is not
permitted in commonly held property which has the possibility of being
divided.

3 Csr! 598 We Se tot rnd be Grd I31 5
FB) Ay 434,c
When one gives something in charity to two poor people it is permitted.
The retraction of charity is not valid after its being taken possession of [by
the person given the charity].
Ad OF be pine Grats Jl aaj} dle Garey Ol ob ges
ls JI
Whoever makes a vow that he will give his property in charity, it is

binding upon him to donate [something] of the category on which zakah is
incumbent.°°®

1 SU 9 caret Grad Sl de ie Grae gl pL yes
Ss LS OI NW Mhes duds le ada le lade ave dhiel
iat) Rawal be Jte ayes Whe eat 1 1518
Whoever vows to give what he owns as charity, it is binding upon him to
give it all, and it is said to him, “Retain [for yourself] of it the amount which
you spend on yourself and [on] your family, until you earn [more] wealth.

When you have earned [more] wealth, you should donate of that [as charity]
equal to what you had retained for yourself.””°°

85 }) OLS

WAQF —- ENDOWMENT

BLS alae, digo yi ve GdsiI 56 il Se Joop Y
Colby ABD Eis 5) 2S 9d igs atlas | SUI a Ke ONY!
EMA Joy > dhs aly\ As} Ow 5 ol J\Bo Ase ss Sy!9
cs AW Jap VF shhs all aey wee Sle cS gill o>
AJ) dali 9 lig 239) Jat
The ownership of the endower (wagif) [of property] does not end by
endowment, according to Abu Hanifah, may Allah have mercy on him,
unless the judge (hakim) rules thus, or [the endower] connects it to his [own]
death, and thus says, “When I die, then I [will] have endowed so-and-so with
my house.” Abu Yusuf, may Allah have mercy on him, said that the
ownership ends by the mere mention [of endowment],°’? and Muhammad,

may Allah have mercy on him, said that ownership does not end until he
appoints a guardian for the endowment and hands it over to him.

99 88) gM Nhe y0 GF gS! de 233) coe | 5
ade Si sll Me 3 Joy
If the endowment is valid, in accordance with the differences [of the
Imams], it leaves the ownership of the endower but it does not enter the
ownership of the person who has been endowed (mawgif ‘alayhi).°°}°9
Ao Slo9 LS al amy caw e Ls ple an W299 9
The endowment of common property is permitted, according to Abu

Yusuf, may Allah have mercy on him, but Muhammad, may Allah have
mercy on him, said that it is not permitted.

Jat go Maal Lery ety dine ule BSI aw Yop
aul nes Y dgouc |
According to Abu Hanifah and Muhammad, may Allah have mercy on

them, endowment is not complete unless [the endower] renders its conclusion
in such a way that it never ceases.°”°

«Sle plat Age ad con 15) SW lary aug: gil S89
ego, s O) 9 «| aa lata sles

Abu Yusuf, may Allah have mercy on him, said that when [the endower]
mentions in it a way which ceases, it is permitted, and after that it is for the
poor, even if he does not mention them.°”

J 9% 9 jae le Wado 5 9 Voc jliddl ad, TH 9

Endowment of real estate is valid, but the endowment of that which may
be moved (i.e. movable property) or altered is not permitted.

rr la pfu Ase W039 \>\ dhs al}| As) Ww 9 yl Jes
Sle cays ang eS |
Abu Yusuf, may Allah have mercy on him, said, “When one makes an

endowment of land [together] with its cattle°?°
his slaves, it is permitted.”

or its workers, when they are

TSN y FI SI am J 9 :dhLS AVI Am) ee S195

Muhammad, may Allah have mercy on him, said that the endowment of
horses [and camels] and weapons [in the way of Allah] is permitted.

Lobe SS ONY] ALE Dy cay 54d BS Doe Sy

When endowment is complete, its sale is not allowed, nor transfer of
ownership of it, unless it is common property, according to Abu Yusuf, may
Allah have mercy on him, such that [when] a shareowner demands [its]
division, the mutual division [of it] is valid.°°°

M3 bb ily SSI PL! Ge Gary OV else
Loita J) 251 I
[From the proceeds of the endowment] it is necessary to begin to elevate

the endowment by tending it [the endowed property], whether the endower
had stipulated that or not.

Ok (gRull al oye de Bylaws shu be Ilo aby d\ 9
BRuN 4d oye dN lary yas

When one endows a house for the dwelling of his son, the repairs are due
from the one who has the right to dwell in it. If he refuses [to pay] that, or he
is poor, the judge (hakim) leases it and has it repaired from its rent. When it
has been repaired, [the judge (hakim)/ returns it to the one who has the right
to dwell in it.

Sle 3 El 452 Adi g Wad) elu cys etc! leg
ale SI cht > el ace Geel Oly cad cleo

BB 6) cdortene ys deals Oj 9 Vo lye ad pad

Whatever of the building or the integral part of the endowment collapses,
the judge (hakim) should, if he requires it, use it on the repair of the
endowment.°”’ If he does not need it, he should keep it until he requires [it]
in his repairs, [and] so, he can utilise it therein.°”® It is not permitted to divide
it amongst those entitled to the endowment.

As jl AMA Jam gh annts) a5 hl ALE al gl Jam 151 5
594 BLS al ary dot SI 9 TLS abl ary ey Gl
When the endower appoints the proceeds of the endowment for himself,
or he appoints the guardianship (tawliyah) to himself, it is permitted,

according to Abu Yusuf, may Allah have mercy on him, but Muhammad,
may Allah have mercy on him, said that it is not permitted.

Abs plas aS le 160) pt ce aie Ke Sp) J liewue S15! 9
wus aie Khe Sj daly ad be 135 ad ddl HW Ob y

aU ary Lawg gl Sy Sls al Lgey ety dace ul
(Corus Atlam» alg are Ae Jo p Shs

When someone builds a mosque, its ownership remains with him until he
separates it from his ownership with its path,°’’ and permits people to pray in
it. So, when [even] a single person has prayed in it, his ownership ceases,
according to Abu Hanifah, may Allah have mercy on him, but [Imam] Abu
Yusuf, may Allah have mercy on him, said that his ownership ceases when he
says, “I make [this] a mosque.”

aN ary daum ul uc dS y6 aShke Jp J bbe ay) far

J sl aXks

Whoever builds a watering place for Muslims, an inn for travellers to stay

in or a ribat fortress, or makes his land a cemetery, his ownership of that does

not cease, according to Abu Hanifah, may Allah have mercy on him, until the

judge (hakim) decides it. Abu Yusuf, may Allah have mercy on him,

however, said that his ownership ceases by his statement.”

AlauS oye old) duct! 131 LS al amy sae Sldy

AWM S15 8 pBll 8 lgidag LL Ny OIL | pg

Muhammad, may Allah have mercy on him, however, said, “When people

drink from the watering place, reside in the inn and the ribat fortress, and
bury [their dead] in the cemetery, the ownership [of the endower] ceases.”

GHASB — USURPATION

Ng cal Sled aad on BUGS ba ad Le ed Cua yay
ated aad a) jt TL OWS
Whoever usurps a fungible item’°! and it perishes whilst in his possession

is responsible for [replacing it with] one similar to it. If, however, it is non-
fungible, then its value is due from him.’°”

oS Planer LS he £9) bd: g2dll pollay celal bes

ay dale oi cla gl ASL OI Lgl ole Ge

The return of the usurped (maghsub) material [item] is obligatory upon

the usurper (ghasib). If he claims that it was destroyed, then the judge

(hakim) detains him until he knows that if it was still existent, [the usurper]

would definitely have presented it. Then, he judges against him [with
regards] to its substitution.

JF 9 Jay Le ral

Usurpation is committed in what is moveable and alterable.’”°

ly dase yl ue ates J oy 3 gd lie Cab 131 5
Aaya dbs als\ AP) Loe Jes dls al\ Lge) daw gp
When someone usurps real estate and it perishes [whilst] in his
possession, he is not liable for it, according to Abu Hanifah and Abu Yusuf,

may Allah have mercy on them, but Muhammad, may Allah have mercy on
him, said that he is liable.”°*

Lat pbb Baier ob gl dled ais yal Ley

Whatever loss he incurs in it due to his act or his residing [in it] is liable
for it, according to the verdict of all of them, may Allah have mercy on them

all.
et Ole Aled os 8 paid O! 9 tlc

When the usurped [item] perishes in the possession of the usurper,
[whether it was] due to his act or not due to his act, then he is liable for it. If a
loss [occurred] whilst it was in his possession, then he is liable for the
reduction.

aie Lb Ob IDL OLS opel uy ont BLE Gud gay
las ate ole O) y ca] Leaky eras
Whoever slaughters someone else’s sheep or goat without his permission,
then its owner has an option:

1. If he wants, he may hold him liable for its [contemporary] value and its
[the slaughtered sheep or goat] surrender to him, or

2. If he wants, he may hold him liable for the reduction [in its value].’°°
BS BS Ol glad eel pw BS one og OS Jey
aie pert Aen, I SILAS andlic dale Jey oS
Whoever rips a small tear [in] someone else’s garment is liable for the
reduction [in its value]. If he rips a large tear such that its uses in general are
void, its owner may hold him liable for its complete value.
Lyon SN) a Cuca ay dy geeaall Gull pss 13] 5
cwolall hag clgie aie gral le Sj Yadlis elas;
Cp Nag lbs G25 > PUY dS JA dy cles
Aginded dlar> at ol clgse ol Lal gts gow dd SLE 2k
dul aland | 20 gl claw AZ le ol
When the usurped material item alters due to the act of the usurper such
that its name (i.e. nature) and most of its main uses cease, [then] the
ownership of the victim (maghsub minhu) also ceases,’°° and the usurper,

thereby, acquires its ownership and is liable for it,’°’ and it is not lawful for
[the usurper] to benefit from it until he gives something in exchange for it.

This is as [when] someone:
1. Usurps a goat and slaughters it, [then] roasts it or cooks it,
2. Usurps wheat and grinds it,
3. [Usurps] a piece of iron and makes it into a sword, or
4. [Usurps some] brass and makes it into a pot.

BAST sh _pobto gh aly Ye pab led gf dad ab ols
Sls al ary dice ul ve is YS de Jp
If someone usurps silver or gold, and coins it into dirhams or dinars, or

[into] a pot, the ownership of the [rightful] owner does not cease, according
to Abu Hanifah, may Allah have mercy on him.

ails Wye YSDle alle JIj Lge Gs dels Crab yy 5

Whoever usurps a beam and builds upon it, the ownership of it by its

[rightful] owner ceases, and [payment of] its price-value is binding upon the

usurper. /7°

clidls orp asl: Ns cde gl Led G58 Ly) Guat 5 wd
Sz stb Sba II tans

Whoever usurps some land and plants in it or builds [on it], it is said to
him, “Eradicate the plants and the building, and return it vacant to its owner.”

ded AY spends OS) ULM U5 aly pais PN calf ols
ls gli pls eld
If the land would suffer a loss due to that eradication, then it is up to the

Owner to compensate him the value of the eradicated building and the
plants.’

Aled (pany ad Ly ger gl pol aed bs Grek Ye
Aalug Sz gudl Sey pay! Og And iad old | IDL
Leged endl y Arall ol be pane LRAT elt OI y celal

Whoever usurps a garment and dyes it red, or [usurps] barley-broth and

mixes ghee with it, its owner has an option:

If he wants, he may hold him liable for the value of the [un-dyed] white
1. garment, and the equivalent of the barley-broth, and submit [those
goods] to the usurper, or

If he wants, he may take them both [back] and be liable to [the usurper]
2. for what has increased [with regards to] the colour and the ghee in both
of them.

way OI Wate ae Cuelill J3 Sail S Ugly AaL
Le AST grey Gel yg 13 US Ge ATL Aad UU
bs J Keo gl Wgeldl Aine ol SUN J gi gia 89 pat
J ge gine OIF Oh g cela gre LY (LS SB pod ye
PB Ol 9 ccc asl ele S| : LLL EMU Aint 4 elas!

ello 9 gallo!

Whoever usurps a material item and causes it to disappear, and the owner
holds him liable for its value, the usurper acquires ownership of it upon the
[payment of its] value.

The [decisive] statement regarding the value [of the item] is that of the
usurper, [together] with his oath, unless the owner provides evidence of it
being more than that. So, when the item appears and its value is more that
what [the usurper] had paid as compensation, and that he had paid the
compensation according to the saying of the owner, or due to the evidence
provided by [the owner], or due to the usurper [himself] refraining from
[taking] the oath, then there is no option for the owner and [the usurped item]
is the usurper’s. If however, [the owner] had paid compensation due to the
Statement of the usurper [himself], with his oath, then the owner has the
option:

1. If he wants, he may execute the guarantee, or

2. If he wants, he may take the item and return the consideration.

BoB Bl Goaall Qlidl dbo login dr gral Woe
ah gd Gare IY] cache Glad 3B oy 3 Ube O| eli
oll gare’ ASI tks o

The offspring of a usurped female, its growth (namd’) and the fruit of a
usurped orchard are a trust in the hands of the usurper; if they perish in his
possession, there is no liability upon him unless he transgresses therein or its
owner demanded it [from him] and [the usurper] refused him.

MNS OB vel Glue & 948 NIL GLI cya Le
of lie tains SL Qheasd| pom 4 log Noll dad 3

Whatever [financial] loss a slave-woman incurs due to giving birth, it is
within the liability of the usurper. So, if there is any sufficiency in the value
of the child, the loss is compensated with the child, and its liability shall lapse
from the usurper.’!°

pred llgatol als SIV] duct be able nelill yee: Vy
Shans!
The usurper is not liable for the benefits of what he usurped, unless he

damages [it] by using it, in which case he pays a fine for the reduction in
value.

Oh g clegted (orb on Hd gl ged) pF lull Mgr! 151»
Ce, AD pled glad LgSgen|
When a Muslim wastes the alcohol of a dhimmi, or his pigs, he pays

compensation according to its value,’'' but if a Muslim wastes them [and
they belong] to a Muslim, he is not liable.’!

WADI‘AH — DEPOSITS

gent, J ok BES Le I) pS oll yb BUI daogl

A deposit’'’ (wadi‘ah) is a trust in the possession of the keeper
(mida‘);’'* when it perishes [whilst] in his possession, he is not liable for

ware Year OW cle 3 Oty andy eet Ol gagebs
gh cole Q Yolud Gr ole G ee NY god lgeosl sl
SP | Angin Ml gtd Bal GE gm 9 deeds 8K
The keeper (bailee) may safeguard it himself, or by means of someone
who is in his household.’!° Then, if he safeguards it by someone other than
them, or deposits it [with someone], he is liable [for any loss that incurs],
unless a fire occurs in his house and therefore he surrenders it [for

safekeeping] to his neighbour, or he is in a ship and fears its sinking, and so
throws it into another ship.

Lr be edb ob lynne pad Y go alle poli Gals 5) »
ye Youd de ph sag ac Qnod
If the keeper mixes it with his own property in such a way that it cannot

be distinguished, he is liable for it, or if its owner (bailor) demands it and he
keeps it back from him whilst he is able to hand it over, he is liable for it.”!”

Lgrlal Sb -o ggdaled ne soalle chk I

If it mixes with his goods without his action, then he becomes a partner
with its owner.’"®

ABN D3 yd SLI) Mes ae & ooh SI ols

If the keeper spends some of it and the remainder perishes, he is liable for
that amount [which perished].

ard pod SUL alalod alic a) 3 aw pool Gail Ob

If the keeper spends some of it and returns a similar [amount] of it and
mixes it with the rest, he is liable for all of it [if it perished].

Lh gh Spb Alo COWS Gh —-dargil & rogll Gas 3 5
goad SUI oS - One is Lgecel ol cdorseruld luce ol auld
Shoal Slj oy SI lary s

When the keeper transgresses in [the rules of] the deposit, for instance:

1. It is a [riding] animal and he rides it, or

2. A garment and he puts it on, or

3. A slave and he takes service from him, or

4. He deposits it with someone else,

then he removes the transgression and returns it to his [own] possession,
the liability [also] ceases.

GI Je Sole OB clyied ob] latred kote lb ob
hcl oY \ ys

If its owner demands it and he denies him it,’” he is liable for it, and if he

[later] returns to admission [of the deposit], he is not free from the liability.

A359 SEB IIS Op dmrdl Sly dl Pogalls
The keeper may travel with the deposit, even though it is a burden and
discomfort. ’~°
Ae ley Pua pam 3 dary Joys Ie) 6 9ll3l 5
PAF gm MUS a ary die Glave eS all iy J ge
Arena al! ada Mla alll gary boty dongs gol Sby STI
When two men place a deposit with one [and the same] man, [and] then

one of them appears and demands his share of it, [the keeper] should not give
him anything, according to Abu Hanifah, may Allah have mercy on him, until

the other [depositor] appears. Abu Yusuf and Muhammad, may Allah have
mercy on them, however, said that he should give his share to him.
dade ON 5A Dee KS ley we Jey goal ols
Lge tals JS third tlk LeSy 35 d} lel
JSS OSb LAse | alaat Ol je pends VLE SIS | 9 cbr
If a man deposits a divisible item between two men, it is not permitted for
either of them to give it to the other [keeper], but they both divide it and each
of the two safeguards his [respective] half.’*! If, however, it is indivisible, it
is permitted for [only] one of the two to safeguard it, subject to the
permission of the other.’
«ikem» } 3 Leohus Y> & gal As 9) wile S18 151 9
Coe, J lel ele
When the owner of the deposit says to the keeper, “Do not hand it over to
your wife,” but he hands it over [to his wife], he is not held liable [for any
loss incurred ].’7°
ee se) cee 3 gatas «oul le 9 Yhaal» a J Ol»
Cp 6 Fl slo B gate Ol 9 cedar J yl
If he says to him, “Safeguard it in this room” and he safeguards it in

another room of the [same] house, he is not held liable, but if he safeguards it
in another house, he is held liable [for any loss].’**

dy sll OS

‘ARIYAH — LOAN (OF T HE USE OF A
COMMODITY)

256 pbs SLL LE 2 ay Spike AU

Loan [of the use of commodities]’*? is permitted and that is to vest
[someone] with the ownership of [their] uses without a consideration.

gl lhe thodes 2 Sole cieabl 9 ti ol eh cals
dal ia deetd ls AB oy JS lvl ode le chles
se Gre DN Slog gr Ms ylos

It is concluded when someone says:

“T lend you and I feed you [from the produce of] this land,”

“IT bestow on you this garment,”

“T mount you on this [riding] animal” — when, by that, he does not
intend to gift,’*°

“T make this slave serve you,”

“My house is an abode for you,” or

“My house is for you for life (‘umrda) and a residence.”

ae SS iS

ple ded LB ary SN pally
The lender (mu ‘ir) may retract the loan whenever he wants.
cps J ad pb yo Oe Ol ped Y BBL! A LIL,
pred
The loan is a trust in the possession of the borrower (musta ‘ir); if it
perishes without transgression, the borrower is not liable.’2’

Ay cyan? UGS oT BIS oylaiel be abe | patnal neds
portend) SS ake YL jd OIF Nal open ol

The borrower may not lease out that which he has borrowed. Thus, if he
does lease it and it perishes, he is liable. He may lend it [to someone else]
when the borrowed item (musta ‘ar) is of such a nature that it does not alter
by the changing of the user.

W239) shia SAMs PbDly pall Ales

The loan of dirhams, dinars, measured [items] and weighed [items] is a
[monetary] loan (gard).’°°

poy Ol prclly jhe oe sl ed God Lay gle 131 9
Lrizilly eles! ald 42S 9 lee
When someone borrows some land so that he may build upon it, or plant

in it, it is permitted, and the lender may take it back and compel [the
borrower] to demolish the building and [remove] the plants.

i jhe IS ol yale slab, Jl dy 5S Jal
ADL pally dl pad be poll joe C333) NS amy

If [the lender] had not stipulated a time for the loan, there is no liability
against him, but if he had stipulated a time for the loan and takes it back
before the [stipulated] time, the lender is liable’*? to the borrower for
whatever loss the building and the plants incur due to their demolition and
removal.

de eM gull ay Baty peed Je Sybil ay dots
Croll >) Sols cola | is ay pasl m | ol >) Sols <> 5
Foshl be asogll

The remuneration (ujrah) for returning the loan is upon the borrower,’”°

the remuneration for returning a leased item is upon the lessor, the
remuneration for returning a usurped item is upon the usurper and the
remuneration for returning a deposited item is upon the person with whom it
is deposited.

ce, J Kgs YL: Layo} J] load lo glaul 13) y
cro, J Adi Lgoleg Jo CULL slo SI laoy 9 ye plana Of »
Ce 4d) Ugolen J 9 UUM jlo dl derogil oy Sls
When someone borrows a [riding] animal and returns it to the stable of its
Owner, and it perishes, [the borrower] is not liable, and [likewise] if he
borrows an item and returns it to the house of the owner but does not hand it

to him, he is not liable, but if he returns a deposit to the house of the owner
and does not submit it to [the person who entrusted it to him], he is liable.

whe! ly

And Allah knows best.

eA) OLS

LAQIT — FOUNDLINGS
SUN us Spe ataaig «> : be ANNI
The foundling is free’?! and his expenditure is from the treasury (bayt al-
mal).
FN OB co, ge 0dEL OF ond) 9 J Joy abeall Os
wa99 ol olesl Ol» auc a“ Joo J gale aul asl & he
ay D9) 9¢3 tum 3 dadle LAse|
If a man finds him, then no-one else will have [the right] to take him from
the possession of [the finder]. Then, if someone claims him to be his son, his
saying is the [legally decisive] statement, [together] with his oath, [but] if two

men claim him and one of the two describes a mark on his body, then he has
more right to him.’°4

wld 2 258 Bal Glad sla! yo par b rey 31 5
3 tog dls Lehawe MS 9 Are Aud Cad aul asl pgid FO
led IS AS gh dan 3 gh dei! Jol 6 5 yo 5
If he is found in one of the Muslims’ cities, or in one of their villages, and
a dhimmi claims him to be his son, the lineage of [the foundling]| from him is
established, and he is [deemed to be] a Muslim [as against the dhimmi], but if
he is found in a village of the dhimmis, in a synagogue or a church, [then] he
is [deemed to be] a dhimmi.
s) Ol 9 cl > NS 9 cdve Le J OS Lo Sl se) 9
Wm Sg cate dae ed Al Al We
Whoever claims the foundling to be his slave [or his slave-woman], it is
not accepted from him, and he is free, and if a slave claims him to be his son,

his lineage from him is established but he is free.

a) 593 ale aptte Sle LeAlll as toy Oly

If goods are found with the foundling, tied to him, then they are his.
Sa.) Sle 3 28,25 Vy bell mF 534 Yo
The one who finds him (multaqit) is not permitted to marry [him or her]
off,’°° and neither [is he permitted] to transact with his property.
orld 9 dolie Backy dbl 2b SI boty

It is permitted to take possession of gifts on his behalf, and [it is
permitted] to submit him to a trade and to hire him out for work.

dea) OS

LUQTAH — FOUND PROPERTY

LeJ-L asf Leal agai 15) dettl 3 SUI -aba
lee le de leap » ase)
Found property (lugtah) is a trust in the hands of the finder (multagit); if

he takes a witness that he is taking it in order to preserve it and to return it to
its Owner.

Beis CIT Ol 9 cLULl ki, e waly> bps oe Bl Cl ob
SulS Yom ga © luca

If it is [worth] less than ten dirhams, then he publicises it for a few
days,’°* but if it is [worth] more, [then] he publicises it for a whole year.

Gri id gaglerlecl Obl Grd Vl selec’ ob
Sak cone LE SI g Abell gard eld Oh ILL 968
If the owner [of the found property] arrives, [it is good], otherwise [the

finder] may give it away in charity. If, however, its owner does turn up but

[the finder] has given it in charity, then [the owner] has an option:
1. If he wants, he may give effect to the charity,’°° or

2. If he wants, he may charge the finder.’°°

ulgde Lezll galoe paddy 241 gL LUI 44
gerbe Je lyr WS OIF 5k Sal OL 9 ce pte 968 SFL 5

The taking [into protective custody] (lugtah) of goats, cows and camels is
permitted.’°’ If the finder spends on them without the authorisation of the
judge (hakim), then that is a donation, but if he spends [on them] with his
authorisation, then that is a debt upon its owner.

laa ldadredeg WIS Ob ad bs SUL SUS 05) 13] 9
J priend S| Bg daar lb SO Jol gle ol olede gaily
\git Ladoe poly SUI rk lead daa

When this [case of finding the animal] is raised with the judge (hakim), he
looks into it:
If there is a benefit in the animal, he hires it on lease’*’ and spends
’ upon it from its remuneration,
If there is no benefit in it, and he fears that expenditure will consume

2. its value, the judge (hakim) sells it and orders the protection of its
payment.
luo Adal amy WS 8 Ol ade GLBYI rhe Sh Gls
em lee ane Ol belle YO p2> 1b USL Je
daa) Io
If expenditure upon it is better, [the judge (hakim)] authorises that and he
makes the expenses a debt against its owner. So, when its owner appears, the

finder may deny him [the animal] until [the finder] receives the expenses
[from the owner].

&1 que atl SA Alot),

Property found outside of the Haram’*’ and inside the Haram are

[deemed] the same.
wad, om Ad) pus J a Alaa I oo Jo Jl pee 31
PE Ng Ad! ade OI Lez Je ete eel ob atl
eLaall 3 dS is
When a person appears and claims that the found property is his, it is not
given to him until he produces evidence. If he describes a [distinguishing]

mark upon it then it is lawful for the finder to give it to him, but he is not
compelled to do that as a judgement.

gb Je ALWl Gren Ys

One should not give found property in charity to a wealthy person.

| BOIS La ly aay old 54 DLE LEM OW Oly
Ail aul fe Lab OT 13) ly Gara I 5 9H 9 le atte I nb
el 85 | gilS \Slarmy j gael
If the finder is wealthy, it is not permitted for him to benefit from it, but if
he is poor, then there is no objection to him benefitting’*° from it. If he is

without need it is permissible for him to give it as sadagah to his father, son
or wife if they are poor.

! ao | Ok
KHUNTHA — HERMAPHRODITES

BS 98 S39 — Boga IT 134

If a newly-born has a vulva as well as a penis, then it is a hermaphrodite.

AM ye D9 DIS Ol cee 9gb SIN ye Noe IS OV
eed LRT ye Gees Sadly Legee dges SIT ls «I 948
Ae BASIL pray WS el gee Grd SLIT Lg legis Se
Vp LAAs
If he urinates from the penis, then he is a boy, but if he urinates from the
vulva, then he is a female.’*! If, however, he urinates from both, and the
urine comes first from either of the two, it is attributed to the one that it
comes first from in either of the two. If it comes out of both simultaneously,
then the majority is not taken into account, according to Abu Hanifah, may
Allah have mercy on him, but they,’“* may Allah have mercy on them, said

that it is attributed to the one of the two which has the majority of the urine
discharge. ’*°

Jay 98 elbdl SI bog had Som sy Sh eee,

When the hermaphrodite reaches majority and a beard emerges, or he
[sexually] couples with a woman, then he is a man [in legal terms].

cole ol Ags 8 Wal S55 gh dl MI Cu cal bol s
Bl yal 968 cpl Age ce Ad] J gegll Ral gl cm I
If, however:

1. His’** bust swells, like the bosom of a woman,
2. Milk gathers in his breasts,

3. He experiences menstruation,
4. He becomes pregnant, or
[Sexual] coupling with him becomes possible via the vulva, then he is a
~ woman.

IRs BS 98 CLI ode Goold bi} ob

If none of these features appear in him, then he is an indistinguishable
hermaphrodite (khuntha mushkil).

elutlo Jl JI Wa oye a eed cols W899 \d\ 9

When he stands behind the Imam, he should stand between the rows of the

men and the women.’*°
Sled SS dO Sled ISO) an le oye dal ples
A slave-woman is purchased from his wealth to circumcise him, [that is] if
he has any wealth, but if he does not have any wealth, the Imam purchases

the slave-woman for him from the treasury. When she has circumcised him,
[the Imam] should sell her and return the payment for her to the treasury.

ar dice ulacclge JUL 25 9luliabdsogl oko »

WS po Soh TVS b Ibs al aay dace Ui we

If his father dies, and leaves behind a boy and a hermaphrodite, then the
property is [divided] between the two, according to Abu Hanifah, may Allah
have mercy on him, into three shares; two shares are for the boy and one
share for the hermaphrodite; [the hermaphrodite] is a woman, according to
Abu Hanifah, may Allah have mercy on him, in the [case of] inheritance,
unless the contrary is proven.

Lass 5 A Sl pe as Sol : dbs aul Lge) Vib,
OBE SWE AIS yey AVoly

They,’“° may Allah have mercy on them, however, said that the
hermaphrodite has a half of the inheritance of the male, and a half of the
inheritance of the female. That is [also] the verdict of ash-Sha‘bi, may Allah
have mercy on him, but they,’*’ may Allah have mercy on them, have
differed in the analysis of his verdict.

geal dase be legiy SUI Shs all ary aog ol JE

Abu Yusuf, may Allah have mercy on him, said that the property is
[divided] between the two into seven shares; four shares for the boy and three
shares for the hermaphrodite.’*°

lege pe Sl de Lee JU Sls al amy we Jb,
Lad Mody clinaw JN

Muhammad, may Allah have mercy on him, said that the property is
[divided] between them into twelve shares; seven shares for the boy and five
for the hermaphrodite.’*”

MAFQUD —- MISSING PERSONS

els Sol ply Vy cage I Bye old ded! OE IS
AB gio & gin gale ogi 9 le Lede 30 gold) i ee
able je plea Vols ama) Le GAL
When a man disappears’”” and his whereabouts is not known, and it is not
known whether he is alive or dead, the judge appoints someone to safeguard

his property, to oversee it and receive [for him] his rights, spend on his wife
and [on] his minor children from his wealth.

a5\ yal 9 Ae Op Yo

[The judge] does not cause separation between him and his wife [by
divorce].

Hel 9 45 9 aK Wy age ye din Og pds g ile a) 5 1518
ls tol oye 2982 Sp Vp cars Hp s WS JS ege ob
oi dl

C9 (243 9) dus 3 Spo ge hl a5) 9 Ue PUG: ods 643) pal

When one hundred and twenty years have passed from the day he was
born, we adjudicate his death;’°! his wife performs the ‘iddah (waiting period
before she may remarry), his property is distributed amongst his heirs who
are present’°* at that time, but whosoever of them has died prior to that’>°
does not inherit anything from that [property of the missing person] and the
missing person does not inherit from anyone who dies during his state of
being lost.

SLY OLS
IBAQ — FUGITIVE SLAVES

Naclead oll BOE Brune ye cNlye Je loy025 5) hall 5yl15)
LA)> Os yl ge 9 alee ade ald

When a slave runs away and a man returns him to his master from a
distance of three days away or more, then he is due from [the master] his
reward and that is forty dirhams.

dlucud M3 ry0 IBY 02) Oly
If [the man] returned him from less than that [distance], then it is
according to that.’>*

LA yo] ated J g25 Lys qos yl ye (Bl ated IIT Sy

If the value of [the fugitive slave] is less than forty dirhams, then it is
decided for him according to his value minus one dirham.’°°

a) Jae Vg aude eco Mb 0d) SiN oe BI Oly

If [the slave] had run away from [the same person] who returned him, then

there is nothing due from [that person], but there is no reward for him
[either].

ace je oop oldb ail old l 1 sete ol ae »
One ought to have a witness when he captures [the fugitive slave] that he
has seized him for the purpose of returning him to his master.
Cel ds aL ey BI tall lS OW
If the fugitive slave is collateral [in a contract of pledge], then the reward
is due from the pledgee.’°°

IHYA AL-MAWAT — REVIVIFYING BARREN LAND

Ada) gl cats oll plLBY QoS pe a ae Yk ol yl
dsl) 5) aig le U3 atl le gh cals ell

Mawat is that piece of land from which benefit is not derived due to:
1. The cessation of the water [supply] to it,
2. Water overwhelming it, or

3. Whatever resembles that of such things that prevent cultivation.’°’

Y me 3 lke SNS gh cad Whe Y bole av OF Li
Lad] ab g 13] Come 4, Bl oye ee 929 Ay Mle a yr
Sh ys 568 Ad Spell ae J clad pall gail 3
So, whatever of that [barren land]:
1. Customarily had no owner, or

2. It is owned under Islam and its owner is not specifically known, and

[It is] far from the village such that when a person stands in the furthest
‘ part of the population and yells, his voice is not heard in it,

that [land] is mawat.
sus aShe J 253) py ole l oly aXe ey! odb ool sys
anc dbs als| Lge) YBe (ds Als \ A) dim (sl

Whoever revives [barren land] with the permission of the Imam’°’ owns

it, but if he revives it without the permission of [the Imam], he does not own
it, according to Abu Hanifah, may Allah have mercy on him, but Abu Yusuf
and Muhammad, may Allah have mercy on them, said that he owns it.

plnkl ale LS elaVh oll Ae g

A dhimmi may acquire ownership of [barren land] by revival [of it] just in
the same way as a Muslim may acquire ownership of it.
ont S| eados
Whoever demarcates some land with stones and does not cultivate it for
three years, the Imam takes it from him and gives it to someone else.’°”
4 BN JAY eye Sig ell ye 8 beled 554
wales > bese
It is not permitted to revivify that [land] which is close to inhabited land,
and it should be left as pasture for [the animals of] the villagers, and as a
dump for their harvests.
Les ed gla O55 OB cles > ab A» SI > oy
O}9 ELS Oe ead ell CIS Ol 9 clelys 3 gu!
F1yd dle pat les pod Le Col
Whoever digs a well in the wilderness then its precincts are [also] his. So,
if it is for drinking [water] then its precincts are forty cubits (dhira‘).’° If it
is for irrigation, then its precincts are sixty cubits, and if it is a spring, then its
precincts are five hundred cubits.
aie are les > BIA 8 Ob oly! el
Whoever wants to dig a well within the precincts of [that well], is to be
prevented. ’°!
0956 9H OWS OW lM are Suey Aa gl OL 3 ley

cal hIS” 945 Ag] ogy SI 98 YAW Oly codlm| 54 3 43!
ale OSL clo l ys ale ald > gS 3 131

Whatever the [rivers] Euphrates and the Tigris’°* leave [behind],’°’ and
the water deviates from there, then if it is possible for [the river] to return
there, its revivification is not permitted, ’°* but if its return to that place is not

possible, then it is like barren land (mawat); if it is not a precinct of an
inhabited [piece of land], the one who revives it with the permission of the
Imam, acquires its ownership.

Baim BIE a > eld ont G21 bf I OW yey
Lee y Pie M3 he du ad SG ONY) ds ANI aa;
aud gle ab slate ois p43! lime ad She all

Whoever has a river’®’ in the land of someone else, then it has no

precinct,’°° according to Abii Hanifah, may Allah have mercy on him, unless
there is evidence for him of that [precinct], but according to them,’°’ may
Allah have mercy on them, the jetty of the river upon which he walks and

throws its mud is his.7°°

5 9S OS
MA’DHUN — AUTHORISED SLAVES

rl yloedl Sle b adn jle Lele US! ote) cy ght 5) 151
OPM 9 OAR a 9 Ge OI Ay

When the master authorises his slave with a general authority, his
transacting in all trades is permitted, and he may buy, sell, give a pledge and
take a pledge.

S15 , a el ‘ a e , * Pact 2
31d garde 3 Ogdle 948 one O23 ke & 5 84 O35! Ol s
095Gb Ate est B 4 OSI
If [the master] authorised him for one type [of transaction] from them and

no other, then he is [still] authorised in all of them. If he authorises him in
one particular thing, then he is not authorised [in general].

ple W p28) 9 Oph oy gS 3) I 9

The acknowledgement of the authorised slave (ma’dhun) regarding debts
and usurped [goods] is permitted.

se Vo WSIS Nig aS C35 Sl Yo ra ola ws

oe sen Sys ONY] ue 96 pee Ve U2 9: Hae Vy Ske Ue
Aaalas (2 Linas 9| ells)

He may not:

1. Get married, nor

2. Can he marry off his slaves,’°”

3. Write a contract for a slave to purchase his freedom (kitabah),
4. Free [a slave] against property,

5. Give a gift [in return] for a consideration or without a consideration,

unless he gifts a small amount of food, or he hosts someone who fed him.
cd ghl apres ONY! colejall yd ply dp dalam signs
His debts [remain] attached to his slavehood, for which he may be sold for
the sake of the creditors — unless the master ransoms him — and his price is
divided amongst them according to [their] shares. ’””
Ade ae Oh 9 A, FAN de gb cyst sigs Ge J} OP
Sood) Sal ye pad pele co ale gat pe J
If anything of his debts is left over, it is demanded from him after his
being set free. If limits are set on his competence [by his master], he does not
become [legally] limited (mahjur ‘alayhi) until the limitation becomes
apparent among the people of the market.’”!
gS jhe ladye GAN hy Gt al ge gl Doll Ok Ob
Ake |) ge
If the master dies, becomes insane or moves to enemy territory as an
apostate, the ma’dhun’s legal competence has a limit placed on it.
Ade |) sae gle O9S\M Aull Gl o's
If the ma’dhun runs away, his legal competence has a limit placed on it.
Base lus SUI p20 Sled Fle ol BE ale rem 31 9
oy 8) ras dS alll Lge) V2 9 (dL AU ae)
When [the ma’dhun’s] legal competence has a limit placed on it, then his
acknowledgement is permitted concerning whatever is in his possession,
according to Abi Hanifah, may Allah have mercy on him.’’* They,’’’ may

Allah have mercy on them, however, said that his acknowledgement is not
valid.

oy Bled Welle J a2) 9 dle LS § p39 tej) 131s

When there are debts binding upon him, which overwhelm his property
and his slavehood,’’* the master does not acquire ownership of what is in his

possession.’”°

WBy Sls all aay dag Gl ue Ipite Joye Geel Ob
ob ole Mk : Sb i ye)
If [the master] sets the slaves of [the ma’dhun] free, they are not [legally]
free,’’© according to Abi Hanifah, may Allah have mercy on him, but
they,’’’ may Allah have mercy on them, said that [the master] acquires
ownership of what is in the possession of [the ma’dhun].
jhe G51 gh ated Se Es Doll ye O9dk ae FL ISL
jE A Olea eb oly
It is permitted for the ma’dhun slave to sell something to the master

according to its customary value (mithl al-gimah) or more, but if he sells it at
a loss, it is not permitted.

daly OY card! je JBN gh Aa Joe et Soll ack aly
Bg gm 0: B AKwal OI 9 cca! Glas Gail (25 JS a!
> ol
If the master sells something [to his slave] according to the customary
value or less, the sale is permitted, and if he surrenders it to [the slave] prior
to taking possession of the payment, the payment is void, but it is permitted if
[the master] withholds [the object of sale] in his possession until he receives
payment.’”°
Dohly Sle adtad 5 po ages 5 9SlMl all Doll gel of»
Sd ee HE 0 gl oe & ey re a ea rls
If the master sets the ma’dhun slave free while he [the slave] owes debts,
his setting free is permitted, but the master is liable for his value to the
creditors, and whatever of the debts remains, the freed slave is demanded of
it.
lade po EN 13 Lay g0 iY S593UL Soe lal 9

When a ma’dhin’”” slave-woman gives birth to [the child of] her master,

that is [enough for] placing a limit on her competence.’”°

assis Lal S 58 SS 3S all Gall ds 3) Obs
cl silly aed! Jay olf N31 cy gM WS’
If a child’s guardian authorises a minor to trade, then he is like the

ma’dhun slave in buying and selling, if he comprehends [the affairs of]
buying and selling.

do i MI OLS
MUZARA ‘AH — CROPSHARING

ALL a My GUL deh 5M Sho al aay dare gl SU
Das alll gay LWAare rg aisle sds alll Lary YU,
padly Jedly sols) Ady LaNI CIS 15) sae gh desl de
ridly dedly tots SNCS O} 9 dey jMl je Joly
pig dg LN IIS Oly ey je SY UN,
sols AN g Qa CIT Oly rile sol Jadly sols
AUbl .¢8 Hol 9) Jody pds

Abu Hanifah, may Allah have mercy on him, said, “Cropsharing
(muzdra‘ah) for a third or a quarter [portion] is void.” they,’°! may Allah
have mercy on them, however, said that it is permitted, and according to
them, it is of four types:

When the land and the seeds belong to one person, and the labour and
the oxen belong to another person, cropsharing is permitted,
If the land belongs to one and the labour, oxen and seeds belong to the
’ other person, cropsharing is permitted,
If the land, the seeds and the oxen belong to one person and the labour
’ belongs to another person, cropsharing is permitted,
4 If the land and the oxen belong to one person and the seeds and the
’ labour belong to another person, cropsharing is void.

col ORs Ol g Aaglas Bue fo YI dey pl rai Vy
AL gd Slane Lips LOseY Ibo Obs clelis Lge
Al qd g GELS be be lb 5 131 WSs

Cropsharing is not valid unless it is for a known duration, and when the
produce is [divided] between both of them jointly. So, if both of them

stipulate that one of them has specified gafizs, then it is void, [and] likewise,
if they stipulate what [grows on] canals and irrigation ditches [it is void].’°

Coe AO) a Sl de Ley cE Ae )| MN coe I] 9
Jolall e.ob 13 LE Oo SII
When cropsharing is valid, the produce is [divided] between them upon

the [stipulated] condition, but there is nothing for the labourer if the land does
not produce anything.

43) SIS SB Ad! Gale) gc IEE dey) ord 15! 9
Lo pile slide fe alge Ycalis po} Jolla (2,51 Gy 5 oy
If the cropsharing is invalid, the produce is for the owner of the seeds.

Then, if the seeds are from the landowner, the labourer has remuneration at a
customary rate (mithl) not exceeding the amount of what was stipulated for

him of the produce.’°°
able Wh alee ll MLS al army dot SB g

Muhammad, may Allah have mercy on him, said that he has remuneration
at a customary rate which may reach whatever [amount] it may reach.

Kglhe el 2) ola Jolt LS ge I OW ol s
If the seeds are from the labourer, then the landowner has remuneration at
a customary rate.
ES Ses ye OUI Vole cul As y\j\i ous I3l 4
Seal be SD opel AM LS ye pad Gbll aed OL gabe
When the contract of cropsharing is concluded, and the owner of the seeds

ceases to work, he is not compelled, but if the one who is not the owner of the
seeds ceases [to work], the hakim compels him to work.

de yA eke sp idladll wel ok Id] s

If one of the two contracting parties dies, then the [contract of]
cropsharing is void.

S N5hl de WS Sy dy jy de yi jll bre cal 151 5
aera SNM G2 ys Anaad Jee ol
When the term of the cropsharing [contract] elapses, and the crops have

not [yet] ripened, the customary [rate of] payment according to his share of
the land is due upon the cultivator until they ripen.’””

Legigm slide Je gle & 5 iI de daedl s

The expenses [spent] on the crops are due from both of them according to
the measure of their shares.

OW yaabh lgde & idly pM HLlly rbablools
hd LoL ds Ac y\ 5\\ 3 oll .t
The wages of reaping, threshing, gleaning and winnowing are upon the
both of them, according to their [respective] shares. So, if they stipulated that

[as] a condition in [the contract of] cropsharing as [an obligation] upon the
labourer, then [the contract of cropsharing] is void.

BLUM OLS
MUSAQAH — CROPSHARING BY IRRIGATION

ALL 6 pei Gye ejou SLAM : DLs allay dase gl JG
Ij lang cAaghas dubs | 53 13] dle Sle abl Ler WGs

Abu Hanifah, may Allah have mercy on him, said, “Cropsharing by
irrigation (musaqah) [in exchange] for a portion of the fruits is void.”
They,’°? may Allah have mercy on them, said that it is permitted when both
of them mention a known duration and nominate a portion of the fruit to be
shared.

Sgelg Sb Sy eSily Settly Jed) B sBLA 5 54s
Jol 2 dpdly Blas 36 43 ES abo OB OLESU
SE AAI BON Bla Sle

Musaqah is permitted in date-palms, trees, grape-vines, vegetables and
aubergines. So, if one gives a date-palm on which there is fruit for irrigation,
and the fruit increases due to the labour, it is permitted, but if [the fruit] has
ceased, [then] it is not permitted.’°°

Alie yol falas SLAM 2d 1S g

When musagah becomes invalid, then the labourer is due wages according
to his [customary rate] (mithl).

Soll BELLI sess
Musaqah becomes void by the death [of either party].
BN pant LS NaeSL pual

[The contract of irrigation] may be rescinded due to [legal] excuses, just
as [the contract of] lease (ijdrah) may be rescinded.

CIS OLS

NIKAH — MARRIAGE

gl 55 lege pa, aah J silly OLAYL sé, eI
J 58 OI foe hell ge SV pall ge leek pe ol
Ao 9) J 988 52-9)

The marriage [contract] is concluded with [an] offer and acceptance, by
[using] two statements which express the past [tense],”°” or one of the two
[statements] expresses the past [tense] and the other [expresses] the future
[tense], for example, one says, “Marry [her to] me,”’°? and [the other] says,
“IT have married [her to] you.”

9) cS gue nc 9 lS Yous cpl pol g hey gl Cnroline Sale
BIG dryngse

The marriage of Muslims is not concluded except in the presence of two
male witnesses [who are] free, major, sane Muslims, or one man and two
women, be they upright or not, or [whether] they have been punished [a hadd
punishment] for gadhf (wrongful imputation of unlawful sexual intercourse).

aly Aim gl ue fle Syed Boled dyed thee & 99 obs

"ae"

Pod

If a Muslim male marries a woman of the People of the Book living under
Muslim governance (dhimmiyyah) with the witnessing [made] by two of the
People of the Book living under Muslim governance (dhimmis), it is
permitted, according to Abu Hanifah and Abu Yusuf, may Allah have mercy
on them, but Muhammad, may Allah have mercy on him, said that [the

marriage] is not permitted unless one makes two male Muslim witnesses.

Prohibited Categories of Women

Se MW JS ge hse Vy cach ¢ 952 Ol Jeyl JAY

Vy cael Vy colin Oly oly Gay Vo catty Vo celuclly
al yal al Vy ca dl oly Vy cadlbg Vy cation Vy add Oley
el seu bye Jo SI al pal Aol Vy Jou F gl el Joo
olde! Y 9 ayl Bel Vo cone poe 3 plore 3 cilS
se BEL Vy Felon pe als Voy corel go Yo aul lab Vo

dole JI

It is not lawful for a man to marry his:

Si St et eS a

—
=

11.

12.
13.
14.
15.
16.
17.

Mother,

His paternal and maternal grandmothers,

His daughter,

The daughter of his child’®? howsoever low,

His sister,

The daughters of his sister,’””

His paternal aunt,

His maternal aunt,

The daughters of his brother,’?!

The mother of his wife, with whose daughter he has had sexual
intercourse or not had sexual intercourse, ’?7

The daughter of his wife with whom he has had sexual intercourse —
be the daughter under his guardianship or under the guardianship of
someone else,

The wife of his father,

[The wives] of his grandfathers,

The wife of his son,

[The wives] of his grandsons,

His foster mother [who breastfed him], nor

His foster sister.

Bl ph ye aot Volley ns Meg IRS HY ye aot Vs
Ol yal oy aot Vy Gel aul Sy dl aul Vy We gl ses
SAVE G52 O19 54 J ey begin Bly JS IIT’
One is not to combine two sisters by matriage, nor in sexual intercourse
by lawful ownership.’?°
One is not to combine a woman with her paternal aunt, maternal aunt, the
daughter of her sister or the daughter of her brother.

One is not to combine two women in such a way that if either of the two
was a man, it would not be permitted for him to marry the other.’

SB ye BOIS & 95 Rule Syst Op aot OI eb Ys

There is no objection for someone to combine a woman with the daughter
of a husband she had before.’”°

Lgraly gel agle cro ym dl ol 35 Cpe

Whoever commits unlawful sexual intercourse (zind) with a woman, her
mother and her daughter are forbidden to him [in marriage].

Wb eau ala 54 JL Bb ail al Jo Gib 131 y
Leas Coon aS >

When a man divorces his wife [with] a final divorce (talag ba’in),’?°’?’
he is not permitted to marry her sister until her waiting period (‘iddah)
elapses.

Less Bl MI Yg axel co NS gel 554%

It is not permitted for a master to marry his [own] slave-woman, nor for a
free woman [to marry] her [own] slave.’?°

Marriage to Non-Muslim Women

Vy Slegedl e295 598 Vy OLS co 98 55H
Ls oll

Marriage to women of the People of the Book (kitabiyat) is allowed, but

marriage to Magian’’’ women is not permitted, nor [is marriage permitted] to

idol-worshipping women.
53783 sr Ose IPS Of CLL Rod ists
SFB pA AS Vy SIS Saree ISS Og OLR
gird lis

Marriage to Sabian®’’ women is permitted if they believe in a prophet and
they recognise a [divinely revealed] book. If, however, they worship the stars
and they have no [divinely revealed] book, [then] marriage to them is not

permitted.

It is permitted for men and women in ihram to marry”! whilst in the state
of ihram.
Virgins (Bikr) and Previously-Married Women who
had Consummated Their Marriages (Thayyib)
Mas J Ol ele, abLII aL 631 sit CIN Ada 9
ded gl elf SS «Shs alll amy dium ul we dy kde
39 Orb VY) ddan Ys DLs all gry VB,
The marriage of a free, major, sane woman is concluded with her consent,
even though a guardian does not conclude it [for her], according to Abu
Hanifah, may Allah have mercy on him, be she a virgin (bikr) or a
previously-married woman who had consummated her marriage (thayyib),
but they,°°* may Allah have mercy on them, said that it is not concluded [in
either case] except with the permission of a guardian.
Bolt Ledlent 131 5 ALN ATW SN shel Dal 554 Vs
Chg clgee 3) WB Sy e pe CK gl ESud 9) ccd
eae dt col
It is not permitted for the guardian to compel a sane, major virgin [to
marry]. When the guardian seeks her permission [for marriage], and she

remains silent, giggles or cries without [making] a sound, then that is
[deemed] permission from her, but if she refuses, then he should not give her
in marriage.

J gL Lobay oye ay WB eal SSLea HL g

When someone seeks permission from a previously-married woman who
had consummated her marriage, then she must give her consent by speaking.

st? nts gl doe gl dae gh ids LEQ SIlj Ib) y
IDM SS

When her virginity is lost due to jumping, menstruation, a wound or due
to a long period of waiting, then she is [still] under the ruling of being a
virgin.
aM aay dase gl ue WIS 65 Lb LEIS ON Sls
AN SS 3 : ALS aul Ley Vib, « SLs

If her virginity is lost due to unlawful sexual intercourse (zind), then she is
just like that [a virgin], according to Abu Hanifah, may Allah have mercy on
him, but they,°°’ may Allah have mercy on them, said that she comes under
the ruling of the previously-married woman who had consummated her
marriage.

ce Ses He Kaeo a al : SM c 95 JB N31) 9
Se a 3 Who Yo lede Sin Yo Lb 8 J gale (ISD)

Ad Valet Tbs AMI Lge YWe (ALS aN amy dasm ul

When a husband says to a virgin, “The [proposal of] marriage reached you
and you remained silent,” and she replies, “No, on the contrary, I rejected
[the proposal],” then the [decisive] statement is her statement and there is no
oath [to take] from her. An oath is not taken about marriage, according to
Abi Hanifah, may Allah have mercy on him, but they,°°* may Allah have
mercy on them, said that an oath is taken about it.

duble bells mo sls ISS) Seah eISSN say 5
A342)\ 9

The marriage contract (nikah) is concluded with the words: nikah
(marriage contract), tazwij (marriage), tamlik (ownership), hibah (gift) and
sadaqah (charity).

ALY 19 HEV y HEY Leal sie Vy
It is not concluded with the words: ijdrah (lease), i‘arah (loan) or ibahah
(permissibility).
SIS LS cdl Lege) SL Epmeally prall IS 5943
Ls gh Spee |
The marriage of a minor boy and [of] a minor girl is permitted when the

Suardian gives them in marriage, be the minor girl a virgin or a previously-
married woman who had consummated her marriage.

Guardian (Wall)

Avaall sa J sll

The guardian [in marriage] is [of the] consanguine relatives (‘asabah).°°

OL y gli ay Lb LS 8 EI gl CVI Lees Ob
Alb) LE OL LDN ges daly JB Dy YI nt Lege gj
Zod ele 97S ds
If the father, or grandfather, marries them off, then there is no option for
them after attaining the age of majority, but if someone other than the father

or the grandfather marries them off, then each one of the two has an option:

1. If he/she wants, he/she may remain in the marriage, or
2. If he/she wants, he/she may repudiate [it].

Aghins as Fe Yo oc) gad Yo < pa) Yo cds) a0 Yo
There is no [right of] guardianship for a slave, minor, the insane nor for
the non-Muslim (kdfir) over a Muslim woman.°”°
SB yo Shyasl pad jot AL alaey dace gil Sis
AML. as | Mie ea

Abu Hanifah, may Allah have mercy on him, said that it is permitted for
people other than male relatives to give away in matriage, such as a sister,
mother and maternal aunt.°°”

jhe Ugiiel Sil Legs Gog IL Da Y ey
Whichever [previously enslaved] woman has no guardian, if the master
who set her free gives her away in marriage, [then] that is allowed.
Ol aie dal ge gh Sle dabds 46 55 Do OE 131 2
kaa

When the most closely-related guardian is absent in disconnected absence,
it is permitted for whomever is more remote than him [and next in proximity]
as a relation, to give her away in marriage.

ddl & 8 gil Al ead Y ab bo. Ol dabsll ally
bdm|e do YI

Disconnected absence (ghaybah mungqati‘ah) is when one is in a city
which convoys do not reach except [only] once a year.

Suitability (Kafa’ah)
Bes ee | A C9 \s\s 60 pine a 3 SAS»
Lege | 98 pa SI eLdg5Wi

Suitability in marriage is to be reckoned with. Thus, if a woman marries
someone without equal status [to her], the guardians may seek separation
between the two.

ISB bs 6 5 Gls gg SUM y polly Cauucdl § prad SEL g

poluadl 3 pidy Akal y gel |

Suitability is taken into account [with regards to] lineage, religion and
wealth — and that is, that he possess the dowry (mahr) and financial

maintenance (nafaqah); and it is also taken into account [with regards to]
skills.°°°

ALPEN LLNS Uke ge spe Cepaithg BLM cum 35 131g
gl Uglies ge Ub ae cm Us alll ary dae Gl ue Ye
be
When a woman marries and she reduces [something] from the customary
dowry [a woman of her standing would receive] (mahr al-mithl), then the
Suardians may oppose her, according to Abu Hanifah, may Allah have mercy
on him, until the customary dowry [a woman of her standing would receive]

(mahr al-mithl) is given to her complete, or [the husband] is separated from
her.

aul gl Yes jee Ge pay aprall aul CY! o 95 bl s
DS} 9 Vg lage EUS je ail pal ee Bolg peel
adl9 NI
When a father gives his minor daughter in marriage and he reduces
[something] from the customary dowry [a woman of her standing would
receive] (mahr al-mithl), or he marries off his minor son and [that son]
increases [the amount] in the dowry of his wife, then that is permitted for
both of them. That is not allowed for anyone other than the father and the
srandfather.
Ab pend Ole come ee 4d ow 13] CIS rey
\ ge
The marriage contract is valid when the dowry is mentioned in it, and it is
[also] valid even if the dowry is not mentioned in it.

Dowry (Mahr)
8 all YB Be y2 JBI cow OB eal dpc jell Jil
The minimum [amount] of dowry is ten dirhams. So, if someone specifies
less than ten [dirhams], she has ten [dirhams].°°"
le ally JE D1 poubl aad a1} LSS pte | ge cow yey
csoeedl pad LQ SglF Ny J gol NS Yale OL «lg

Whoever specifies the dowry as ten [dirhams] or more, then whatever has
been mentioned is due upon him if he consummates the marriage!” or if he
dies leaving her [as his widow]. If, however, he divorces her prior to the
consummation of the marriage, or [before] seclusion®!! [with her], then she is
entitled to a half of what was mentioned [as dowry].

a ge Y ol Ue aa 8 al Lge Lb ee dy eee ly

J gel JS Mgt Oly clic be gl ly Joo d1 Lebte pg eld

1g 9 clglio BguS Gye Ol Sh BW cay daall Lele Sob
diode 9 \F 9 59

If he marries her without specifying the [amount of] dowry for her, or he
marries her on [the condition] that there is no dowry for her, then she is
entitled to the customary dowry [a woman of her standing would receive] if
he had consummated the marriage or died leaving her [as his widow]. If,
however, he divorces her prior to having sexual intercourse with her, or
[adopting] seclusion [with her], then she is entitled to a gift of consolation
(mut‘ah), and that is three garments according to the attire [a woman of her
standing would wear], and they are:

1. A shirt,

2. A head-covering, and

3. A large outer wrapper.

oe ld Sle 7b n> si be whek| Yeo Pols

If a Muslim marries her for wine or swine, the marriage contract is
permitted, but she is entitled to the customary dowry [a woman of her
standing would receive].

58 yg ded Se el 5 Lee lb ee de ke Fol
SDN g Le Sg wl LS Leal SI g cle Oke gil Joo old

If he marries her without specifying any dowry, and then both of them
agree upon fixing the dowry, that is hers if he consummates the marriage or

dies leaving her [as his widow]. If, however, he divorces her prior to sexual
intercourse or [adopting] seclusion with her, then she is entitled [only] to a
gift of consolation (mut‘ah).
Sle gh le Joo OL Gob jl ares} Adal day gl 3 leat) Ol s
J gl b3 GUBIL dab 5M etisy cleic
If someone increases the [amount of] dowry after the conclusion [of the
marriage contract], the increment is binding upon him if he consummates the

marriage or dies leaving her [as his widow]. The increment lapses due to
divorce prior to sexual intercourse.

If she reduces some of the dowry, the reduction is valid.

Lele ob edosll ge ile Shim paddy ail pal 9 SN ME N5L y
Lange JUS yb
When the husband is secluded with his wife and there is nothing to

prevent sexual intercourse, and then he divorces her, she is entitled to her full
dowry [and the waiting period (‘iddah) is due upon her].

gl coe LF gl leas) b Ele gl Lee yo Lesel olf Ol s
oud lille glo domes Bgldn Cold Laile GAIT 51306
yeh a3
If either of the two are:
1. Il,
2. Fasting during Ramadan,
3. In ihram for hajj or “‘umrah, or
4. She is menstruating,

812

then it is not a valid seclusion.°*~ If he were to divorce her, then a half of

the dowry is required.

gl ee gl SUS (gs Yale 6b ail el Ggeall SE 151 5

When a man whose genitals are amputated (majbub) secludes himself

with his wife, and then divorces her, she is entitled to the full dowry,
according to Abu Hanifah, may Allah have mercy on him.

isl sg btoly Aallel Y dilles SI dell Corisy
N62 b eer do J gol JS Yah

A gift of consolation (mut‘ah) is recommended for every divorcee
(mutallaqah), except for one type of divorcée, and that is she whom someone
divorces prior to consummation [of the marriage] without specifying the
[amount of] her dowry.®!°

Atty gh | Joy dong e Ol de aul Je o95 Maly
Jo QL ple Sha BIN ge Lege padall sel 9 SI
Lehto ge Legis doy

When a man marries off his daughter on [the condition] that the [other]
man will marry his sister or his daughter to him, so that one of the contracts
[of marriage] becomes a consideration for the other [contract], then both

contracts are valid, and each of the two [brides] is entitled to the customary
dowry [a woman of her standing would receive].

je ola ws Se gh din ators Je al yal > 9 ols
It is permitted if a free man marries a woman on the condition of his
service [to her] for a year, or on the condition of teaching the Qur’an [to her],

and she is [still] entitled to the customary dowry [a woman of her standing
would receive].

Sle din dress Je ge Ob B> dll Le 7953 Oly
Ane lb»
It is valid if a slave, with the permission of his master, marries a free

woman on the condition of his service [to her] for a year, and thus, she is
entitled to that service [from him].

as gol Gol bd ME Gulp log l Sigel 3 pete! '3] 9
al Am) dot SUS, Dla alll Lgry avg Gly dace GI
lagi: dbs
When, in [the case of an] insane woman, her father and her son are both
present, then the guardian for her marriage contract is her son, according to
Abu Hanifah and Abu Yusuf, may Allah have mercy on them, but

Muhammad, may Allah have mercy on him, said that [the guardian is] her
father.

LPYg0 OSL YA y walt C'S 594 Vo

The marriage contract of a slave or a slave-woman is not allowed except
with the permission of her master.

ad Fly 28) Bur pal ge OSL tell 9H ISN

When a slave matries with the permission of his master, then the dowry is
a debt upon him for which he [may be] sold.°'*

Ley «7 9 SU bey Weigy I adhe paeld atzel CL gh! % 95 151 5
Vettes Ly pale ce se WW Sle gcd sll eae

When a master gives away his slave-woman in marriage, he is not liable
to lodge her in a house for the husband and she shall continue to serve her
master. It is said to the husband, “Whenever you find [an opportunity] with
her, you may have sexual intercourse with her.”

gS 2 Gey Y ol de ayo A de lel 79 8 oly
Oh 9 goed Ugh IL Bo OLS BL al de & 9 5m Yo! de
Lhe poe Ye ws ye el al Lede & 9 8

If someone matries a woman for a thousand dirhams on the condition that
he will not take her out of the city, or on the condition that he will not marry
another woman [during their marriage], and then, if he fulfils the condition,
she is entitled to the specified [dowry]. [But] if he does marry [during their
marriage], or [if he] does take her out of the city, then she is entitled to the
customary dowry [a woman of her standing would receive].

by Arend) Cone Doege F Olam de ea 3 Ol s
ele Ol 9 cds lallee! -Lé ol she ca yl9 (Ale Jaw 9)|
If someone marries her for an unspecified animal,°!° the nomination [of
the unspecified animal] is valid and she is entitled to an average [animal]
within that [category], and the husband has an option:
1. If he wants, he may give her that, or
2. If he wants, he may give her its value.
Lge pg0 ub Spege pee de lea os

If he marries her for an unspecified garment, then she is entitled to the
customary dowry [a woman of her standing would receive].

JEL Cash 9 dal Is
Temporary marriage (mut‘ah)°!® and marriage of a set duration
(muwagqqat)°'’ are void.
Bohl ofl l Sb Bob ge LAY ye O51 pe Ay All ce 9 By
Sar 0d) OS) 9 Sle

The marrying off of a slave and slave-woman without the permission of
their master is suspended:

1. If the master permits it, it is valid, and

2. If he refuses it, it is void.

old) pe Mey si lolay pe dll Joy 735) S| WIS s

Likewise, if a man marries off a woman or a man, without their consent
[the marriage is suspended].°!®

Aud “pe Aeh y CIR ol onl Or 3943

It is permitted for the son of the paternal uncle to marry the [minor]
daughter of his paternal uncle to himself.°!

Bray Mind Aud te Lema p Ol GoW al Ll cast (31g
jl Spiele

When a woman authorises a man to marry her to himself, and he
concludes [it] in the presence of two male witnesses, it is valid.

3 D1 dl yally cle re Bl pal AM diol! past 1316
Leds sl Leng 5 Uae
When the guardian takes responsibility of the dowry for the woman, his
[taking] responsibility is valid, and the woman has the option of demanding
[the dowry] from her husband or [from] her guardian.°~°
J ge LS el CIS 3 Grea I Oy geld! G4 1519
gh S| tas NAS NA yg0 WE
When the judge orders the separation of the husband and the wife in an
invalid marriage prior to consummation, and likewise, after seclusion, then
She is not entitled to any dowry.
coded! le ccgoedl be alo ¥ \gkie ge lgle ly. Jeo lls
And if he has had sexual intercourse with her, then she is entitled to the
customary dowry [a woman of her standing would receive] which does not
exceed the specified [dowry], she is liable to the waiting period (‘iddah),°*'

and the lineage of her child [born of that wedlock] is established [as being]
from him.

Lge, pias Vo lyse Oleg hes Lele l pin lds peey
Wales 2 USS 15) La
The customary dowry [a woman of her standing would receive] is
determined by [the dowry of] her sisters, her paternal aunts and the daughters

of her paternal uncle,°** and it is not determined by [the dowry of] her mother
and her maternal aunt, if they are not from her tribe.°~°

bbl yg cpa & OUIM 6 glucd Ol JA jee & pee »

For the customary dowry [a woman of her standing would receive], it is
taken into account whether the two women are equal in terms of age, beauty,

wealth, intellect, religion, lineage, land and epoch.°*

Miscellaneous Issues Pertaining to Marriage
AS gl CST dale deSIl mF S95

It is permitted to marry a slave-woman, whether she is a Muslimah or a
woman of the People of the Book (kitabiyyah).

Lede 841 re oS jh 9 be de Ul esol ise

It is not permitted to marry a slave-woman in addition to [the existing
marriage to] a free woman,°*° but it is permitted to marry a free woman with
her.°°

CIRO gedy cole ly SIA ys el 95 Ol eds
NS cys Py \
The free man is allowed to marry four free women and slave-women, but
he is not permitted to marry more than that.°?’
O23 ye JS) tol G9 Vo

The slave is not allowed to marry more than two women [at any one
time].

952 Old 54 J WL Bob a5 Ge} FI lb ob
If the free man divorces one of the four [wives] with a final divorce, it is
not permitted for him to marry [another] fourth [wife] until [the divorcée]
completes her waiting period (‘iddah).
9} Nt \ > « LL ke ate | oo Lay ge doy | C22 \>\ 9
When a slave-woman is married away by her master [and] then is set free,
she has an option,”“° irrespective of whether her husband is a free man or a

Slave, and likewise [is the case with] the slave-woman who has contracted to
purchase her freedom (mukatabah).

Ys CIS poe cattel ob LY ys G5) pe el Ce Oly
la ls
If a slave-woman gets married without the permission of her master, [and]
then she is set free, the marriage contract is valid and she has no option.°~”

Lal 4! je LP laa| odm|9 duke 8 [Sl yal CIF OI
SN CIS Jia slelS a J4 al C'S pe
Whoever marries two women in a single contract [of marriage], such that
one of the two women is not lawful for him [to marry], then the marriage

with the one whose marriage is lawful for him is valid and the marriage with
the other [woman] is void.

gaa Ld Mb Le dog SL SIS 151.5

When the wife has a blemish, her husband has no option.°”°

us Bl pal) LSB Joy sl Alin I 53> 7 PLI '31 5
al aay roe Sly DLS all Lgry ery uly die Gl
When the husband is [afflicted] with insanity, leprosy or leucoderma, then
the wife has no option [to discontinue the marriage], according to Abu
Hanifah and Abu Yusuf, may Allah have mercy on them, but Muhammad,
may Allah have mercy on him, said that she does have the option.
ole B Joey OI Vg SUI del line 9 OW IL
23 BI cade 5} Login G3 Vg Lb LS 8 Ball
When the husband is impotent, the hakim issues him a deadline of a year.
Then, if he gains [potency] within this period, she has no option [of

discontinuing the marriage]; otherwise [the hakim] is to declare separation
between them, if the wife demands that.

AWS 3B OIF ot all JUS (be ASL Aedes 25 all,
} 9 ks Any ys

[This] separation is a final divorce,°’! and she is entitled to the full dowry
if [the husband] had been in seclusion with her.

ably leah: 1 JL alee AW ESL 92 IWS Oly
oes) Jap lS Jes
If his genitals are amputated (majbub), the judge declares separation
between the two immediately, and he does not allow [the husband] any time

[to disprove the amputation]. The castrated [husband] will be given a
deadline, in the same way the impotent [husband] is given a deadline.

LY! gold ale 42,5 SIS Lgmy jg BLM Cooke 151 5
Ss clegiy BB OLY Ge Gl dl y Leh Geb lel Ob
2) SB y DLs alll Lgary wats dice Gl us Ll ob JU
BW pes 45 8) oe TL al amy aug
When a woman accepts Islam and her husband [remains] a disbeliever, the
judge offers him [to embrace] Islam. Then, if he accepts Islam, then she
remains his wife, but if he refuses Islam, [the judge] declares separation
between the two, and that is a final divorce, according to Abu Hanifah and

Muhammad, may Allah have mercy on them, but Abu Yusuf, may Allah have
mercy on him, said that it is a separation without divorce.

OB LY gle Gaye dangt arty coil abel Oly

OS dy egy Wald! G3 cal Og cadl pal sé itlleel

lob 45 al

If the husband accepts Islam while married to a Magian woman, he offers
Islam to her. Then, if she accepts Islam she remains his wife, but if she

refuses, the judge declares separation between the two, and the separation
does not amount to divorce.

MB ke J > gd lg pall ILS WB Y: Joo 48 IS Obs
lb 54

If [the husband] had consummated the marriage with her, she is entitled to
the full dowry, but if he had not consummated the marriage, there is no
dowry for her.

AF go lede 33,dI AB Pod glo gal MOL »
When a woman accepts Islam in enemy territory, her separation does not
take place until she has menstruated three periods.°°*
Lea Ge Cob Cul Ibe

When she has menstruated [thrice], she becomes finally divorced
(b@’inah) from her husband.°*?

Legal Le Led ASI & 95 phul 31 y

When the husband of a woman of the People of the Book (kitabiyyah)
accepts Islam, they [remain] married.

candy Lene Cdl slo Gye Lill Yor BI sol & > 151.5
When one of the spouses comes over to us [Muslims] from enemy

territory as a Muslim, then separation by divorce (baynunah) occurs between
the two.

Bd les ew OL g elegy Ugigl| Conds Poh cow 9
43 gin |
If either of the two is taken prisoner-of-war, then separation by divorce

takes place between the two, but if both of them are taken prisoners-of-war
together, then separation by divorce does not take place.

SEI e958 OI Ub jhe Baye Ll! aL MI cos 131 5
Male CAS Gb dls al ary dice Gl we lee sue WG
a a > 79s
When a woman comes over to us [Muslims] as an emigrant, it is permitted
for her to marry immediately, and according to Abu Hanifah, may Allah have

mercy on him, there is no waiting period (‘iddah) upon her, but if she is
pregnant, then she is not to marry until she gives birth.

Legis gin Cardy LY Qe Gog il so} aby! 15] 5
Bb pss gw 43 SI CSS,
When one of the spouses leaves Islam as an apostate, then separation

takes place between the two, and the separation between them will be without
divorce.

BN 9 «ll SUS (ghd lye Joo 4g WS MI ga e953! SIS ob
hl a BY, Joy
If it was the husband who became apostate, and he had consummated the

marriage with her, then she is entitled to the full dowry, but if he had not
consummated marriage with her, then she is entitled to half the dowry.

AB ge WES 9S Sl Ld IS Ob 545 MI gw at MI COIS Ol
Pe AGS J ge sl sy Bo SI SIS Oly

If it is she who became apostate, and if [the apostasy] was before
consummation of the marriage, then there is no dowry for her, but if the
apostasy took place after consummation of the marriage, then she is entitled
to the full dowry.

If both [of the spouses] become apostates together, then later accepted
Islam together, they remain married.
NAS y 3 aS Yq 045 0 V9 dolive 15 II 7952 Ol 594 Vs
iyo Sp SIS Vo line ea g 52 Y bt
It is not allowed for an apostate man to marry a Muslim woman, an
apostate woman or a disbelieving woman,°** and likewise for an apostate

woman, neither is a Muslim man to marry her, nor a disbeliever nor an
apostate man.

ob | S| WASg cane fe Weld Lhie reg Ml el MS 13s
Ae Line oly she pro Hy ala LOro

When either of the spouses is a Muslim, then the child is on their

religion,°’° and likewise, if either of the two accepts Islam and has a minor
child, their child becomes Muslim due to their conversion to Islam.

BUS Nb Lengt SV 9 LS cy gl oT olf ols

If one of the parents is one of the People of the Book and the other is a
Magian, the child is [also] one of the People of the Book.°”°

war BS, SIS dae 3 sloged pe JIS! 95 15] 9
ae | 3) Lal ob Se
When a disbeliever marries without witnesses, or during the waiting

period (‘iddah) of a disbeliever, and that is permitted in his religion, then
later both of them convert to Islam, they remain married.°°”

Legit, Byb Lebel 9b ais! gl acl ow goal x 93 Ol s

If a Magian marries his mother or his daughter, then later, both of them
become Muslims, they are separated.°°°
3 login Jay, OI add OW > OUL al Jol Cl ols
LS SEV y LS Alte sh nd gh WIT op SS cull
If a man has two wives who are free women, then he ought to deal justly
with both of them in the apportioning [of time], whether both of them were

virgins or women who had been previously married, or if one of the two is a
virgin and the other is a previously-married woman.

AW GUID Soda del g SNIg S> Lele] CIT Ig
ba \*1\

If one of the two is a free woman and the other is a slave-woman, then the
free woman is entitled to two-thirds [of the time] and the slave-woman is
entitled to a third.

They have no right to the apportionment [of time and provision] during
the state of travel.°°?

lad aie & yh Ol SVs cogee lb G6 ea BI ble »
We Pp He > Of
The husband may travel with whomsoever of them he wishes, and it is

better that he draw lots between them and travel with the one whose lot
emerges.

Lag jhe Wet les ged A clea SI Cte] dy I5) 5g
If one of the wives consents to relinquish her [right of] distribution [of

time] in favour of another wife it is permitted, and she has a right to retract
that [consent].

RADA‘ — SUCKLING

we rel a: BLS Fle bre 3 Jram Ison s ples Ju18
A little suckling or a lot, if it occurs during the period of breastfeeding,

prohibition [of marriage of children suckled by the same woman] is attached
to it.°*°

Ng OSG TLS al amy dace e ws ae Oa g
(Nene 3 TS al Lery LPurc y
According to Abu Hanifah, may Allah have mercy on him, the period for

suckling is thirty months,°*! whereas according to them,°** may Allah have
mercy on them, it is two years.°*°

mel plesk Ga J ¢leytl ore 20 '3| 9

When the period for suckling elapses, the ruling of prohibition is not
attached to the suckling.°**

eed ye ac | 7952 Ol 594 Ve ey old 594 0b

7952 Ol 598 Vo lena 5e Ol 59H GLEN ye a! cols

Every [person] becomes prohibited [for marriage] due to suckling, who is
prohibited due to lineage,°*° except the mother of his sister through suckling,
for it is permitted for him to marry her, but it is not permitted for him to
marry the mother of his biological sister, and the sister of his son-through-

suckling, it is permitted for him to marry her, but it is not permitted for him
to marry the sister of his biological son.

ON 594 VUS Fla pe an) dll oy ol jot VW
aed ye asl Bl yal CI5%
It is not permitted for someone to marry the wife of his son-through-

suckling, just as it is not permitted for him to marry the wife of his biological
son.

due BM ao Ol 909 eed & Gay Joa Gly
953 sas 9 Slaly LI eg eas) Le dnwall ode oot
de yal LI Al are Lb S55 ll
Prohibition is [also] attached to the milk engendered by the one who sires
the woman’s children (aban al-fahl), which is when a woman nurses a
female infant, then this female infant becomes prohibited to the husband [of
the feeding woman], to his fathers and his sons, and the husband, due to
whom milk had come [into her breasts, himself] becomes a father to the

female nursling.°*

NSLS Glad pasicsh Jol e952 oligts
JIS N51 NN ye GN fhe Wy eed rashes e 9 5
Lea a Ol ay! ge aS Glo tal ye cS al
It is permitted for a man to marry the sister of his brother-through-
suckling, just as it is permitted for him to marry the sister of his biological
brother,°*’ and that is the same as the brother from the father’s side when
he®*® has a sister from his mother’s side, it is permissible for his brother from
the father’s side to marry her.°*
795% MLPA 54 J daly gb de Lect! ue IS
eb

Every two infants who came together on the breast of one woman?” are

neither of them permitted to marry the other.°°"
Cady Maly ge tol dad Ml & 9 55 Ol 598 Vs

It is not permitted for the woman who has been suckled to marry any male

child of the woman who suckled her.®°?
cles
The male who has been suckled is not to marry the sister of the husband

of the woman who nursed him, because she is his paternal foster aunt [by
milk relationship].

(ee 2s gles CSU ge Gly ULL Gl Labs | 151
When the milk mixes with water and the milk is predominant, prohibition

is attached to it, but if the water is predominant, [then] prohibition is not
attached to it.°°°

WE GI OWS} sy pa a: Ge, J pLbSL eles 15} 5
ay ghar SLs all Lgry VE 9 dhs alllary dine Ul ue
aaa
When [the milk] mixes with food, prohibition is not attached to it, even
though the milk is predominant, according to Abu Hanifah, may Allah have

mercy on him, but they,°°* may Allah have mercy on them, said that
prohibition is attached to it.

we rl ey GS IE Ol g el pW L113) 5

When it mixes with medicine and the milk is predominant, prohibition is
attached to it.

Ay BLS cera yogi Le ge vee SIM pe ull e151 s
ayo

When milk is extracted from a woman after her death and it is dripped
into [the throat of] the child, prohibition is attached to it.°°°

4p BLS SAM gm SIM yg BLE Gab SIM Sd Lakes 1 131
weed a, Glas J BLN OW HE O! 9 «ag pall

When the milk of a woman mixes with sheep or goat’s milk and the milk
of the woman is predominant, then prohibition is attached to it, but if the
sheep or goat’s milk is predominant, then prohibition is not attached to it.

Baim gh ce LAGS oe pel Glee Sl yal od Laks 1131 5
BLS 1 TLS al amy 1oF Sy Dba all Lgry ery uly
mel lee
When the milk of two women mixes, prohibition is attached to the one of
the two whose [milk] was more, according to Abu Hanifah and Abu Yusuf,

may Allah have mercy on them. Muhammad, may Allah have mercy on him,
however, said that prohibition is attached to both [of them].°°°

ge pall 4 Ghee Lane Cemsd yl Gd SU J 55 131 5

When milk is produced by a virgin and she nurses an infant, then
prohibition is attached to it.

perl Ghee Dye 4 ety lb od Sold J 55 151 s
When milk is produced by a man and he feeds it to an infant, prohibition

is not attached to it.°°’
lagi £2) WE BLE OW 2 Ohne Ge I3] 9

When two infants drink from the milk of one [and the same] sheep or
goat, there is no suckling [relationship] between them.°°®

pial BAS Cady b Bn5y ane Jeo! oo 3 Vly

79S de bey

When a man marries a minor girl®°’ and an adult woman, and the adult

woman breastfeeds the minor girl [after the marriage], both are prohibited to
the husband.°°

eh 25 brady Lb ge MB EASIL Jo J OW ols

If he had not consummated marriage with the adult woman, she has no
dowry, and the minor girl is entitled to a half of the dowry.

O} 9 clad ay ctosd IIS Son! Je CaM erp s
The husband has recourse to the adult woman for [the return of the half

dowry] if she had intended to invalidate [their marriage], but if she had not
intended [the invalidation], then she is not liable for anything.

bol gts Set KK] g clo pare clus doles lel 3 jt Vy
Ost yely Joy gl ley
The testimony of women in [the case of] suckling is not accepted

individually;°°! it is only reliably established with the testimony of two men,
Or one man and two women.

Sb) OLS
TALAQ —- DIVORCE

Kinds of Divorce
Bribe g And Bboy GMa rol ao gl BU Le Gb
dowd
Divorce is of three types:

1. The best [form of] divorce (ahsan at-talaq),

2. Sunnah form of divorce (taldq as-sunnah),°°* and

3. Innovated divorce (talaq al-bid‘ah).°°°

pee B bse hy AES al ol fo NN lls Oh GUN jae bb
Lae gRbS > USK gad lerl4é Joly

The best form of divorce is for a man to divorce his wife with a single
pronouncement of divorce during one period of purity (tuhr) in which he

does not have sexual intercourse with her and [for him to] leave®®* her until
her ‘iddah passes.

WLI BG BU Ly J gd al giles ot Aud Goby

The sunnah form of divorce is that the woman whose marriage has been
consummated, is divorced thrice in three [separate] periods of purity.

(3 GG al cOlm>| 9 dolKs GMS (pall, Ss 45) > 9
SNS cae a5l yal SSL y «SAS! aby AUS Jad 13 toly ee
Lyols
The innovated form of divorce is that one divorces her thrice in one

statement, or thrice in one period of purity. If he does that, the divorce takes
effect and his wife becomes irrevocably divorced (ba’inah)°” from him, and

he has been disobedient.®°°

saad) Bb dung Sl Baus snes ye GEIB duly
The sunnah form of divorce is of two types:

1. Sunnah according to time, and
2. Sunnah according to the number [of pronouncements of divorce].

mS ge hl peo Le J gd ahl yd 66 gts oual 3 Alo
Og HAI PE 9 ne (GS Gren? 3

In the sunnah [divorce] according to the number [of pronouncements], the
woman with whom marriage has been consummated and the woman with
whom marriage has not been consummated are both equal.

Ol sag ele Le J gd all ge BS 2531 8 duds
OV le Seal peg cad alt J eb G del, klk:

Sunnah according to time is established only in respect of the woman with
whom marriage has been consummated, and that is when he divorces her
once in the period of purity°°’ in which he does not have sexual
intercourse’°? with her, and [with regards to] the woman whose marriage has
not been consummated, [the sunnah is] that he may divorce her in the period
of purity or menstruation.

gall gl alyb oS 3\ yee oY ae al LM OolS 131.5
dol 9 yall alcadl
When the woman does not menstruate due to her minority [age] or old

age, and he wants to divorce her according to the sunnah, he should divorce
her once.

Spe | Galle 8 otae 1b ag | Yall gots |

When a month passes, he divorces her again, and when a month passes
[again], he divorces her another [time].

Shey bribes gts Ye Juats Vo (gill OI 5 gs

It is permitted for him to divorce her and not create a gap in time between

having sexual intercourse with her and her divorce.°°”

hats ENG 4 (gille » (eel whe j 9H JolLl Gb,
al Ligey age uly dace Gl ne eds Quid IS oe
odmlo YI au ill Ys dbs lary we Slog. dhs
The divorce of a pregnant woman following sexual intercourse is allowed.
One should divorce her according to the sunnah, thrice, creating a gap of a
month between every two pronouncements of divorce, according to Abu
Hanifah and Abu Yusuf, may Allah have mercy on them. Muhammad, may
Allah have mercy on him, however, said that he should not divorce her
according to the sunnah, but [only] once.
ert 9 cc oAL)\ C29 ad! Se 3 all de )JI (pie \d\ 9
CLE OL: pF 9gd ygby codles Sygh 138 gel yp ola
Kua LS ls yale a
When the man divorces his wife during menstruation, the divorce is
effectual. It is recommended [however] for him to take her back. Then, when
She becomes pure and menstruates, and [again] becomes pure, then he has an
option:
1. If he wants, he may divorce her, and

2. If he wants, he may retain her.°”°
val) Gb ad: Yo lal le ONS 131 ¢ 95) JS Gb ak 5
Wyo sedis
Divorce is effectual from every husband who is sane and major, and the
divorce of a minor, insane or sleeping husband does not take effect.
Bb ce Y5 adUb 033 hog ge OSL wall c93 lls
al yal fe oye

When a slave marries with the permission of his master and he
pronounces divorce, the divorce takes effect, but the divorce [pronounced] by
his master against the wife of the slave does not take effect.

ULS 5 Te? 1? de Belly

Divorce is of two kinds:
1. Explicit (sarith), and
2. Implicit (kindyah).
daalbeg diallers Bb cil 148 - pall
Explicit Divorce
Explicit [divorce] is [like] his saying:
1. “You are divorced,”
2. “... [you are] a divorced woman,” and
3. “I have divorced you.”
pop DUB 4 ab lg
Revocable divorce (taldag raj ‘1) takes effect by it.
oye pata Vo ES ye $51 593 O)y Broly Vw ab Vo
43 3) bwy\

Only one [divorce] takes place, even if he had intended more than that
[single divorce], and with these words [of expression], an intention is not

required.°”!
ABN Bo cls SLI ge ily SS! Cal be
YY BY ye) 633 Oly Asay Broly dod 9S J Ov
UsG OF BG 2 653 lg duals
His saying:

1. “Anti at-talaq — You are the [embodiment of] divorce,”
2. “ Anti taliq at-talaq — You are divorced with the divorce,” or
3. “ Anti taliqun talaqan — You are divorced with a divorce,”

then if he has no [specific] intention, then it is one revocable [divorce], but
if he had intended two [pronouncements of divorce], only one takes effect. If
he intended three [pronouncements of divorce] by it, [then all] three
[apply].°”°

Implicit Divorce

Su gh ASL GU Ye ad Vy OLLI BO pally
Se

The second types are the implied [methods]. Divorce only takes effect by
them with intention or with immediate indication.

Yo esl DU le pb BWI B08 es oe po Ue Lae
indla clay Bol y Gis! 1A) 99 ys com 9 on le ‘“

do| 9

This [method of pronouncing divorce] is of two types:

A. There are three wordings for it by which revocable divorce takes place
and only one [pronouncement of divorce] occurs, and that is [by] someone
Saying:

1. “I‘taddi — Enter the waiting period,”

2. “Istabri’t rahimaki — Seek to keep your womb free,” or

3. “Anti wahidah — You are single.”

Oh g ASL Bsaly COIS SIL. 653 151 SLES! A ¢
BIG lS EG 69)
B. [With regards to] all other implied [methods],°’’ when one intends

divorce with them, then [only] one final [divorce takes place], but if he
intends [all] three, then [all] three take effect.°’*

Bas 9 cS Cl S98 Je lang dtoly CIT esl gh Ol s
05 Bbc 4 ait j : ‘ mb
cil 9 EA: 1189 66 ysl (> pw 9 ROWS kim 9 9 (4 2

cla ST uly “Sly iS pul y (gy 60 >

If he intends two [pronouncements of divorce], then [only] one occurs,
and that is like his saying:

1. “You are separate [from me],”

2. “Decidedly,”

3, “...severed from me,”

4. “...haram [for me],”

5. “Your rope is on your neck,”
6. “Join your relatives,”

7. “{You are] set free,”

8. “You are| free,”

9. “I give you to your relatives,”
10. “I abandon you,”

11. “Choose!,”

12. “I separate from you,”

13. “You are a free woman,”

14. “Veil yourself,”

15. “Cover yourself,”

16. “Become a stranger,” and
17. “Seek out husbands.”

VY] Gb LW ody ab) Gli 45. YS 3 Ov
Led ads Vy co Leal 3 WAI Ly abd «GUA 5,S lhe 3 USS
Thus, if he has no intention of divorce, divorce does not take place with
these wordings, unless [these two types of implied pronouncements] are
[pronounced] in a discussion of divorce,°”’ then divorce is established by

them in a legal ruling. It does not, however, occur for what is between him
and between Allah the High, unless he intends it.°”°

AA 44> 4\ at 3 LIS 3b) | 55 Ve Q bs ig Ol 9
dat 9 Canal Ay Aya, J Ala) JN Gl 059
If [these two types of implied pronouncements] are not in a discussion of

divorce but they are in [a state of] anger and quarrel, divorce occurs with
every wording which is not meant for insult and abuse.°””

4 9 OIY [Aa cilly dla tad le ad dy

It does not occur by that with which insult and abuse are aimed, unless he
intends [divorce].

3g Ol fhe EL GIS Sab BM Gye pes GUI Cayo I5] 9
gh BUN) eebl gh SOULS Sl Mle Cal 9 Sb Db cal
eS Wag hbo! ders) Gb ol Glee GMb

When someone describes divorce with something extra, it is [one] final
[divorce], as when he says:

oo et eS ee

“You are divorced finally,”

“You are divorced the most extreme [form of] divorce,”
..the worst [form of] divorce,”

..the divorce of Satan,”

..lnnovated | bid‘ah] divorce,”

..like [the size of] the mountain,” or

..a roomful [of divorce].”

aby ALN ye 4; pay be LI sl leche J) Grubs) GLel 3) 5
(Ge hare oh Mb Chedy ol < SU als gi i de SUL
Ngo» ol Ae 55 9) rum ol Abts gl blog ) 61

When someone attaches the divorce to her entirety, or to [a part] which
may be understood as [her] entirety, [then] divorce takes effect, for example
that he says:

1
2
3
4.
2:
6
7
8

“ Anti talig (You are divorced),”
“Taqabatuki taliq (Your neck is divorced),”
““Unuquki talig (Y our neck is divorced),”
“Tuhuki ...(Your soul...),”

“Badanuki... (Your body...),”

“Jasaduki... (Your torso...),”

“Farjuki... (Your vagina...),” or
“Wajhuki... (Your face...).”

[And] likewise, if he divorces an indivisible part®’’ of her, for example

that he says:
9. “A half of you...,” or
10. “A third of you is divorced,” [then divorce takes effect].

Sw) abs 3 (plb-Me, sh- duu JIB Gls

If, however, he says:

1. “Your hand...,” or

2. “Your foot is divorced,”

[then] divorce does not take effect.

daly cslS aides GU oi aids Cas Lab Gl,
oo| 9

If he divorces her a half of a pronouncement of divorce or a third of a

pronouncement of divorce, then [that] is one [full] pronouncement of divorce.

als SN Sud g 0 SL Sb

The divorce of someone who is coerced and someone who is intoxicated
takes effect.

SMI 4 He 93 JE 15) GSI! aw »

When someone [after saying or doing something] says, “By this, I
intended divorce,” the divorce is effective.

EYL SSI Bb aks »

The divorce by a mute through indication takes effect.°””
ON Jee «cI yee a59 CIS Sb} Grub Lael 13\.9
6? eg SN Ayal JF IE gh gM cslb thay 3 Sl dg
: 2
When someone attributes divorce to the marriage, it takes effect
[immediately] following the marriage. For example, someone says, “If I

marry you, then you are divorced,” or he says, “Every woman whom I marry,
She is divorced [by me].”

S| Jo Ol be bl uae ado b= J adel (31
Bb os jl eds ol
When he attaches it to a condition, it takes effect following the [fulfilment

of the] condition. For example, someone says to his wife, “If you enter the
house, then you are divorced.”

Ada | Sle AL 5S SIS Gout! Ble! nes Vy
oo «ge sl lw dss glo dus JG Ob aXe WY
Gis) SN db 28 org 3

The attaching of divorce [to a condition or event] is not valid unless the
one taking the oath is the owner, or he attributes it to his ownership. Thus, if
he says to a female non-relative, “If you enter the house then you are
divorced,” [and] thereafter, he marries her and she enters the house, she is not

divorced.°”°
Le hag cc gtng Sg JS g cle 131g cl5l 9 cd) bp Luly
The words [used] for conditions are:
In (if),
Idha (when),
Idha-ma (whenever),
Kullu (every/each),
Kullama (whenever),
Mata (when),
Mata-ma (whenever).

oS! SS

aba cored! ded! biti sey 3 BIS ods JS sii
abe ge be Se Se Sb OW LIS BV] dubs
Thus, if a condition is found in any of these words, the oath is released
and divorce takes place, except with [the word] kullama, |wherein] divorce

repeats with the repetition of the [fulfilment of the] condition, until [all] three
pronouncements of divorce have taken place.

est ey J bp 5 Sy WS ae eo 5 8
If he marries her after that, and the [fulfilment of the] condition repeats,
nothing takes effect.°°!

Ale 3 byl) soy ole len Y red! ry AM Sly js

ales! ELL re 3 A> 9 Ol g OWL) | e233 Croll cickssl

est ah dg nel

The loss of ownership after [swearing] the oath does not nullify [the oath].

Thus, if the condition is found in the ownership, the oath is fulfilled and

divorce takes place,°** but if it is found in non-ownership, the condition is
fulfilled but nothing takes effect.°°°

eB NV ad eo MIS I dL Lo iS agmg 3 Laks 1 13) 9
dul Ol Ll
If both [spouses] differ with regards to the existence of a condition, then

the [legally decisive] statement in it is the saying of the husband, unless the
woman produces evidence.

Se BUS Syd see ge VY pls Yb OS Ob
a“ a\I

If the condition cannot be known except from her side, then the [legally
decisive] statement is her saying in her own favour. For example, he says, “If
you menstruate, then you are divorced,” and she says, “I am menstruating,”
[then] she is divorced.

33 SLB las BI, Mb SB cede 131: JB ols
459 glb5 L5 Ag g®@ Sale Bb (laa
If he says to her, “If you menstruate, then you are divorced and so-and-so

[a woman] with you,” and she says, “I am menstruating,” [then] she is
divorced, but so-and-so is not divorced.

ob) | ee ig el ol 3 (Bb COdNS Cay \>\ AA Jb \d\ 9
at low Ne iY oMb)\
When he says to her, “When you menstruate, you are divorced,” and then
she sees blood, the divorce does not take effect until the bleeding continues

for three days. When three days are complete, we declare the effect of the
divorce from the moment she began her menstrual period.

Lea Oh

If he says to her, “When you menstruate for one period, you are
divorced,” she is not divorced until she becomes pure of her menstruation.°*

oh aa OW Mh Oke Leses glide 21 Gribs
Was gl emg) IS > Eb 531 Goby cle

The [irrevocable] divorce of a slave-woman is two pronouncements of
divorce, and her waiting period (‘iddah) is two menstrual periods, be her
husband a free man or a slave, and the divorce of a free woman is three
[pronouncements of divorce], be her husband a free man or a slave.

Lede pag BOE Ye Sg Nl JB aT yal Je Sh lb 3 9

When a man divorces his wife with three [pronouncements of divorce]
prior to consummating the marriage, they take effect on her.

ANID 9 ASIN Les 0B J Bab cob GUE 33 Gls
If he separates the divorce,”®? the first one is final and the second and third

do not take place together.°°°
ddmlo le inde dtol9 9 dele sb aul LA Sls ols

If he says to her, “You are divorced once and once,” only one
[pronouncement of divorce] takes effect on her.

baoly lgde Candy Stel y JS Ssoly Bb csILb JE Je

If he says to her, “You are divorced once before once,” then one

[pronouncement of divorce] takes effect on her.

If he says to her, “...once before which is one,” [then] two
pronouncements of divorce take effect upon her.

Od>|9 ands oes late otels JU 9

If he says to her, “...once, after which is one,” [then only] one
[pronouncement of divorce] takes place.
gar ghddoly as gh broly dy diols Bb sl ld SEO! »
Saas ha 39 ddo-| 9

99 66

If he says to her, “You are divorced once after once,” “...with once,” or
“'.. with that one, once,” [then] two [pronouncements of divorce] take effect.
coAmlo9 ote se esl NI eds Ol ld JB Os
ALS al ary daze yl uc broly gle cody ll obeus
tes an SLs ai Lyn, Vee
If he says to her, “If you enter the house, then you are divorced once and
once,” then she enters the house, according to Abu Hanifah, may Allah have
mercy on him, only one [pronouncement of divorce] takes effect upon her,
but they,°°’ may Allah have mercy on them, said that two [pronouncements
of divorce] take place.
OM JF SSE B BDL gb I DL GIL JG ols
NUS Db cst tb SB 151 WIS,
If he says to her, “You are divorced at Makkah,” then she is divorced
immediately in all lands, and likewise when he says to her, “You are divorced
in the house.”
JES > Gls J A elds 131 gb cui JB Ot s
ds
If he says to her, “You are divorced when you enter Makkah,” she is not
[effectively] divorced until she enters Makkah.

SI jal g gla, GrUall Lyle abs Le Gb Cal SB Ly

If he says, “You are divorced tomorrow,” the divorce takes effect upon
her with the rising of the true dawn.

Delegation (Tafwid) of Divorce
SB gh BAN WI 6 gy (Lhe LSI» ail oY JB OI
YS ude 3 Cras Le gens GUS GI YB «Ls all» Ub
Lass ye pl jh sl Jao Gendell slacniculd gy
If he says to his wife, “Choose yourself,” and by that he intends divorce,
or he says to her, “Divorce yourself,” then she may divorce herself as long as

she is in that session of hers. If she stands [and moves away] from it, or she
begins doing something else, the affair leaves her hands.

Suole CHS «thud 6 lel» S99 3 gents Cyd! Ol
NS oo M593 d) sy BE OS Vy 5b
If she chooses herself in response to his saying “Choose yourself,” then

one final [pronouncement of divorce] takes place, but not three, even though
the husband may have intended that.

eSB gl acdiS Bad! 53 oe Vy

It is important to mention the [word] nafs (self ) in his statement, or in her
Statement.

dyamy ddml9 969 (Aud cil » 95 3 us call Jl s

If she divorces herself in response to his saying “Divorce yourself,” then it
is one revocable [pronouncement of divorce].

Lgale pady US oo 5M oll aby BO ants Calle I

If she divorces herself thrice, and the husband had intended that, [all three
pronouncements of divorce] take effect on her.

B Mgents Shes GI rts So Dati ill» Lb SB fg
ohas 9 plod!

If he says to her, “Divorce yourself whenever you want,” then she may
divorce herself during that session and [also] after it.

ohas 9 eho & (gill Sl ald « Sl yal glo So) JENS 9

And when he says to another man, “Divorce my wife,” then [the other
man] may divorce her during the session and [also] after it.

aol ole 3 Mga gh als «oc 6! Lally JB SIs

If he says [to the man], “Divorce her if you want,” then [the delegate] may
only divorce her during the sitting.

Ses « Sb col eens ry ant eS Oly A JE Ole
YS (S33 OIS Ol» GUbI nes (asl 9) «dla! Ul»

If he says to her, “If you love me...,” or “...hate me, then you are
divorced,” and she replies, “I love you,” or “I hate you,” [whichever applies,
then] the divorce takes effect, even though in her heart there is the opposite of
what she expresses.

B29 OLS SL Bath sigs oye Bal pel Jo lb 13} g
OWA 5) 9 oda) |

If a man divorces his wife during his terminal illness with a final divorce
and he dies whilst she is [still] in her waiting period (‘iddah), she inherits
him.°°°

LB Sle 13 Lee eLeatil we ol Sls
[But] if he dies after the completion of her ‘iddah, then she is not entitled
to inheritance.°°?
Sr) af, J Share call LE | Wb cly asl eh SB 131 9
Lents

If someone says to his wife, “You are divorced, Allah willing (in sha
Allah),” connecting [in sha Allah to his declaration], the divorce does not
take effect upon her.

Ol es) Cab «sols WES gb colo B JG ols
bio| all «esl YG» Sls
If he says to her, “You are divorced thrice, except for one,” [then] she is
divorced two [pronouncements of divorce], and if he says, “...thrice, except
for two,” [then] she is divorced one [pronouncement of divorce].°°”
gag) BLL eK be gl Lgee Leads gl al pol og 53 eho 13) 5
led aa) 43 ,2)| ind, Ae Law i ri
When a husband becomes the owner of his wife, or a part of her, or a

woman becomes the owner of her husband, or a part of him, [then]
separation®’! takes place between them.°”

da JO
RETRACTION OF DIVORCE (RAJ‘AH)
garde Si ald rhb gl dune) Aides ail vol Jo i gle 13}
25 A gi Wy aM ond) dese &
When a man divorces his wife with a single revocable divorce, or [with]

two [revocable] pronouncements of divorce, he may take her back during her
‘iddah, whether the woman consents to that [retraction] or does not consent.

calle, gh Sh yl cael gl ther Ub J 9d ol dees
B ogi Leon 3 SI plas | Bg gute Lauro ol cles |
The retraction (raj ‘ah) is [made when]:
He says to her, “I have taken you back,”
“T have taken my wife back,” or
He has sexual intercourse with her,

He kisses her,
He touches her with [sexual] desire, or

ae | iE

He looks at her private parts with [sexual] desire.

Age J Oly qpdald deed de ses ol I Comey 5

It is recommended for him to take two male witnesses for the retraction,
but if he does not take any witnesses, the retraction is [still] valid.
«Bdadl 3 gamle 43» 9S SU Ss)! cL 2iiI 131 5
When the ‘iddah elapses and the husband says, “I had taken her back
during the ‘iddah,” and she affirms him [in that], then that is a [valid]
retraction. If she contradicts him, then the [legally decisive] statement is her

saying, and according to Abu Hanifah, may Allah have mercy on him, she

does not have to take an oath.
C420) ay a) are oSlie «oa, way co 3l JB N15

sa &

BLS alll aay dine Gl us dee cad J «Gus

When the husband says, “I had taken you back,” and she says in reply,
“My ‘iddah had ended,” the retraction is not valid, according to Abu Hanifah,
may Allah have mercy on him.

3 hiam| ) eS 33» Lene e cnas| Ae Aa | Gu J \d\ 9
dace al sc Ag8 J gD AY and I gh! adn2d oul
dbs al)| Ag)
When the husband of a slave-woman says after the termination of her
‘iddah, “I had taken you back during the ‘iddah,” and the master [of the
slave-woman] verifies that but the slave-woman denies it, then the [decisive]
Statement is her saying, according to Abu Hanifah, may Allah have mercy on
him.
ghee MN cabs all 3 cia) ABN La SN 2 pall aad! (3) 9
aL 8 he ye IBY el abadil O 9 «Jac J Ol 9 Wire cea
wed |BMe cbs le gae gh burr go dao i beds |
AX SWBg DLs all Lgery ergy gly dace Gl ae ads
8 J ON g ham MN ceed 31M cic 13) LS alae,

When the bleeding of the third [period] of menstruation ceases in ten

days, the retraction period has elapsed and her ‘iddah has ended, even if she
has not taken a ghusl. If, however, the bleeding ceases in less than ten days,
the retraction [period] does not end until she takes a ghus! or the duration of
one prayer passes over her®’”’ or she performs tayammum and prays,
according to Abu Hanifah and Abu Yusuf, may Allah have mercy on them,
but Muhammad, may Allah have mercy on him, said that when the woman
has performed tayammum, the retraction [period] ends, even though she does
not pray.
NS NB ce ayer I Yee Ge Ee ely Cel Od
GS oe SIS Sg Ane Jl alas J adgd Lb EIS | ge
Aaa y)\ Cinkedi|

If she takes a ghusl and forgets [to wash] a part of her body which water
has not touched:
If that is a complete limb or more than that, [then] the retraction
" [period] has not ended,** but
2. If it is less than a limb, then the retraction [period] has ended.

Y ol Ged Coty s 8p God Aye)! adh
Aled GAS Yoon gl dle > Le Jo
The woman who has been given a revocable divorce should be in
anticipation [of retraction] and [may] make herself up.°”° It is recommended

for her husband not to enter upon her until he seeks her permission and lets
her hear his footfall.

bl oY ae)! DI
Revocable divorce does not prohibit sexual intercourse.
Lene Blea a 5 Ol 4d QUI O92 Wh Sb OI 15) 5
Leas elas! dew 9

If it was a final divorce of less than three [pronouncements of divorce],
then [the divorcing husband] may marry her during her ‘iddah and [also]
after the completion of her ‘iddah.

On Legalisation of Remarriage (Halalah)
a JF J A & yest oh od) BUG Grub OW Ol»
Vgilles i Le Jorg Lees LIS oft eg) RS
ge Soge ol
If the divorce is [pronounced] thrice for the free woman, or twice for the
slave-woman,””® [then] she is not lawful for [the divorcing husband]°’’ until
she marries a husband other than him in a valid marriage, and he

consummates the marriage with her, [and] thereafter divorces her, or dies
leaving her [as his widow].

aus Jdod! 2 Gal M wally

An adolescent boy is like an adult in [terms of] making [her] halal [for her
first husband] (tahlil).°°°

Lgl Y axel dsl cbeo «

The sexual intercourse of the master with his slave-woman does not
render her lawful [for her first husband].°??

day Will Ob cog Se CIS Jost! be es 3 lly
Jew cle ibs
When someone marries her with the condition of rendering [her] halal [for
her first husband] it is disapproved. And if he divorces her after having

sexual intercourse with her, she becomes lawful for the first [husband to
remarry |.

Lass Cuadily (idles ol alls B31 Jo J gb 151 5

ED ole SM DJ cole bly Joab 31 eo 9p ces Hs

STA

When a man divorces a woman with one or two pronouncements of
divorce, and her ‘iddah elapses and she marries another husband who

consummates the marriage with her. Thereafter, she returns to the first
[husband],?”" she returns with [all] three pronouncements of divorce [still in

hand].??!
gh ue SN py, LF Sd O92 be GO Za SI ede s
» ALS al ary we Seg «Shs alll Lega) wang) ly dim
EMI oy 90 ls BU! e395! Goby. y

The second husband tears up what is less than three [pronouncements of
divorce], just as he tears up [all] three [pronouncements of divorce],
according to Abu Hanifah and Abu Yusuf, may Allah have mercy on them,
but Muhammad, may Allah have mercy on him, said that the second husband
does not tear up [that] what is less than three [pronouncements of divorce].

NS lars sulls ( s4e catils silbs Bl x 9 Sy Jes
B3sbeo Leh ab SE OIF 15) as oI SS eo 5 “Te

When he divorces her with three [pronouncements of divorce] and then
She says, “My ‘iddah has elapsed, I married another husband, the second
husband had sexual intercourse with me, he divorced me and my ‘iddah has
ended,” and the period of time bears that interpretation,?’* [then] it is
permitted for the first husband to believe her if on the whole he thinks that
She is truthful.

LY OLS
ILA’ — VOWING TO ABSTAIN

(FROM SEXUAL INTERCOURSE WITH ONE’S WIFE)?”
das) EL BI Y ol cee SI Y able» ale Jo Nl JB 15)
caine B Sam SSI da WB lets OW cl ge 968 Get
EY Ledy LS arejls

When a man says to his wife, “By Allah! I shall not come near you,”””* or

“ ..1 shall not come near you for four months,” then he is someone who
makes the vow of continence (mull). Thus, if he has sexual intercourse with
her within the four months, he has breached the vow, and an atonement is
binding upon him whilst the i/a’ will have ended.

OW Ob Adds Col etl de hones gol J ols
be ale olf ON g ced) cibatey Hd gb) day) fe Vile
ABL ode aS
If he does not go near to her [for sexual intercourse] until four months
elapse, she is divorced with one final pronouncement of divorce. If he had

vowed four months, the vow will have ended, but if he had vowed (ila’)
forever, then the vow remains [intact].

g2s Sade Vlg cles Ob cedLN! ole og 8 ole OF
caadyg OLY ole WE lyon 35 SB agg Sl Aas gl ae J
If [the person who vowed continence forever] reverts and marries her
[again], the ila’ returns. If he has sexual intercourse with her, [it is better, ]

otherwise with the passing of four months another pronouncement of divorce
takes place.’’° If he marries her a third time, the id’ returns, and with the

passing of four months, another pronouncement of divorce””® takes place.
Cnedly Bb LI Me ab J F179) te keg 5 OB
Anns GS AS Ugibs Ob Adb
If he marries her after [her marriage to] another husband,’’” divorce will
not occur with that id’ again, but the vow remains [intact].’°° So, if he has
sexual intercourse with her, [then] he has to pay atonement for the [breach of]
vow.

ee Sd etl dal ge Jil be le obs

If he makes a vow of less than four months, he is not someone who makes
a vow of continence (miili).?"

cJ9 962 Gb 9 Sie gl BBL: le gear gl poe rile O! »
DAMM spe MN Og cldge IS Ayam 3 Aa se SN OL s
OL gt Ae edL| Brey ge 3S
If he makes a vow of [performing] hajj, fasting, charity, freeing [a slave]
or divorce, then he is someone who makes a vow of continence, and if he
makes ila’ from a divorcée with a revocable divorce,’!” then he is [also]
someone who makes a vow of continence.”!!
If he vows to abstain from sexual intercourse from a wife who is finally
divorced, then he is not someone who makes a vow of continence.’!* The
period of ila’ for a slave-woman is two months.”!°

al MW CIS gf pL LI Je jue Y Len ye Dhl OS Os

Lege LIT oi Ighie ele TY opre g\ ely CST gh Ay ys

Ailey J gf I td ce LY Be B dl Jee OI ja VoL
EY tots SNS S18 Ole clgd| nts

If the person who makes a vow of continence is ill and cannot perform

m sexual intercourse, or

2. The woman is ill,

3, She is atretic,

4. She is a minor with whom sexual intercourse is not possible, or

There is such a distance between them that he cannot reach her within
the period of ila’,

then his returning to her is [for him] to say with his tongue,’!* “I have
returned to her.””!° Thus, if he says that, the ila’ lapses.

Flat! eS ghey e al M3 Jl ball 3 poe ily

If he recovers”!® during the period [of ila’], then that [verbal expression
of] return becomes void and sexual intercourse is rendered his [means of]
return.

9) TB OB cats Ge Joe «FL > fe clo ail S13] »
SB US 948 BIS!
When one says to his wife, “You are haram for me,” he is asked regarding
his intention, and if he says, “I intended to lie,” then it is as he says.
SS 5 gts OI ASL Aas 295 Gl a Soy! SB OI y

If he says, “By it, I intended divorce,” then it is one final divorce, unless
he intended [all] three.

Deb 543 gl 4 Sa)! JB Oly
If he says, “By it, I intended zihar (unlawful assimilation),” then it is
zZihar.
Ay a, Me 998 LS a ol dl eels Sy SB Ol s
Wo
If he says, “By it, I intended prohibition,” or “I did not intend anything by

it,” then it is [considered] a vow [of continence] by which he becomes
someone who makes a vow of continence.

al ss

KHUL‘ — DIVORCE AT THE INSTANCE OF THE
WIFE

Sh ol 3 AD opt Wade YT By Oleg jl BLES 154
ay galt Se aie Lunt Guret
When the spouses clash [with each other] and fear that they will not be

able to uphold the boundaries set by Allah, then there is no objection to her

ransoming herself from him with property (mal),?'’ for which he will release
her.

JUN Ugasly ASL, ABMS AID ay OY5 ad 136

When he does that, by divorce at the instance of the wife (khul‘) one final

divorce takes effect, and the [payment of the] property becomes binding upon

her.

Oh age lye SEL O14 oS Abd ge 593! OT ls

had Old cLalbect Le ATT ILL ol ad oS LS Gye 5 gatdl OF

If the discord (nushuz) is from his side, [then] it is disliked for him to take

a consideration from her, but if the discord is on her part, it is disliked for

him to take more than what he has given her. But, if he does that, it is
g
permitted ina legal decree.?!®

MSs « MAN geys «oS \ tes o.29 Sle ss gall 9
LS Gb)!

If he divorces her [in return] for goods and she accepts, the divorce takes
effect and the goods are binding upon her, and the divorce is [one] final

[divorce].

oF de ALL a Al SA ol fhe IBS Loyal! Sle Ol s

ASL 43 a) 9 eo N aS Slo py r)

If the consideration for the divorce at the instance of the wife (khul‘) is
void, for example, he gives divorce at the instance of the wife (khul‘) to a
Muslim woman in return for wine or pigs, [then] the husband has nothing,’!”
and the separation is [one] final [divorce].

Lamy IS Gras 3 eS oa3l Sle OI s

If the consideration for the divorce is void, then it is [one] revocable
[divorce ].?2°

ABN BY OK OI je CIN Bee OK Ol je Ley

Whatever is permitted to be dowry in the marriage is permitted to be a
substitute (badal) in divorce at the instance of the wife (khul‘).

Ley BS dy IBS cs BL Je GE» SIE 8
Lee 4) ig UB est

If she says, “Release me [in exchange] for whatever is in my hand,” and
he releases her but there is nothing in her hand, then she owes him nothing.

BS By IBS SL ys Gu BL de BIE I ls
If she says, “Release me for whatever goods are in my hand,” and he

releases her but there is nothing in her hand, [then] she is to return her dowry
to him.?*!

wale BE Lyles ect leu BS dy Jatt

If she says, “Release me for whatever dirhams are in my hand,” and he
does [that] but there is nothing in her hand, then she owes three dirhams.?~

BY E15 lad Buel, Galles SIL UG ailb OIG Oly

If she says, “Divorce me thrice for a thousand,” and he divorces her once,
then she owes [him] a third of a thousand [dirhams].

gabe epg SS Buel y Lgalled I fe BU gal SIG O15
Lede : Mad all Lye) Vb, dhs alll wy dhe J Jie
YI 25
If she says, “Divorce me thrice against a thousand,” and he divorces her
once, then she owes nothing, according to Abu Hanifah, may Allah have
mercy on him. They,?*’ may Allah have mercy on them, however, said that
she owes a third of a thousand.
albedo ol DL UE He ab & 9M JE gs
SII os et dle abs oAo| 9 Leads

If the husband says, “Divorce yourself thrice for a thousand,” or
against a thousand,” and she divorces herself [only] once, nothing of divorce
takes effect against her.?**

Adis S| LL

Divorce through mutual consent (mubadra’ah) is like divorce at the
instance of the wife (khul*‘).

Se ea 3M ge dels IS g> JS olde ably dl

ofl SMBs DLs all aay dice Gl ne (IL Glas ke 3

Jy hay Y albly ds SIUM : dls al amy Cau
clr Le S| oletus Ys dS al aay we

Divorce at the instance of the wife (khul‘) and divorce through mutual
consent (mubara’ah) both waive every right of either spouse against the
other, of whatever is connected to the marriage, according to Abu Hanifah,
may Allah have mercy on him. Abu Yusuf, may Allah have mercy on him,
Said that divorce through mutual consent (mubara’ah) waives [the rights], but
divorce at the instance of the wife (khul‘) does not waive [them], but
Muhammad, may Allah have mercy on him, said that neither of the two

waive anything except that which [the spouses] specify.

oN OLS
ZIHAR — INJURIOUS COMPARISON

Ade 8 23 «el gS ds lp ail yey c9 yl Je \>\
QB ye AR co LE Vy ene Vy Lasley ad JAY
When a man says to his wife, “You are to me like my mother’s back,” she
becomes prohibited to him; it is not halal for him to have sexual intercourse
with her, nor to touch her or kiss her, until he expiates for his injurious
comparison.
HS Ade eh Vo Hla al Axel 2S Ol Sd hs ob
pS iS dole Yio od oI 5 SSI
Then, if he has sexual intercourse with her before he expiates, he should

seek forgiveness of Allah, and there is no liability upon him other than the
first expiation, but he is not to do that repeatedly until he has made expiation.

gles Se jaro! pe BUN 2 OF Gil ogally
The resumption for which expiation is obligatory is for him to resolve to
have sexual intercourse with her.
The Wording of Injurious Comparison (zihar)
CUga AS gh ladda oh cigel GlaS Je oily SU 134 5
pales 94
If someone says [to his wife]:
1. “You are like the belly of my mother,”
2. “...like her thigh,” or

3. “...like her vagina,”

[then] he has committed injurious comparison (zihar).

Aa jo dyldl be gd] eal JOY 5s Geet 5] WIS

asl. JI OY aol ry ALS al acd | srs

[And it is] likewise, if he injuriously compares her to one of the un-
marriageable relatives (mahrams), looking at whom [with sexual desire] is
eternally unlawful, for example, his sister, his paternal aunt or his foster
mother.

cg gl cola 52 4\ ccgl pglaS de thal Ss 5) MS's
EEG 9 Haas 9 (E8 9)

[And it is] likewise, if he says:

1
2
2:
4.
So
6

“Your head upon me is like the back of my mother,”
“Your vagina...,”

“Your face...,”

“Your neck...,”

“A half of you...,” or

“A third of you....”

951 JB Se cans dl < «el es Js ely Sb Ols
SWUS 943 del SOI

If he says, “You, for me, are like my mother,” [then] one resorts to his
intention, and if he says, “By it I intended reverence,” then it is as he says.

962 GW Soy! SEO) y lee 942 Uglall Soy! SB oly
Hote lb AS QS BO) 9 gpl Gb

If he says, “By it, I intended injurious comparison (zihar),” then it is
injurious comparison (zihar), and if he said, “I meant divorce,” then it is a
final divorce, but if he had no intention, then it is nothing.

SRS acel cye pal OV cate g) Ge VI] I 6% Vy
| allan

Injurious comparison does not occur except with one’s wife, thus, if he
makes [a statement of] injurious comparison (zihar) against his slave-woman,
he has not committed injurious comparison (zihar).

iY | plas OMS «el bs Js “poly Sli Je Oe
BUS ngs dels IS ales cngiele
If he says to [all of] his wives, “You are all to me like the back of my

mother,” then he has committed injurious comparison (zihar) against all of
them and is liable to expiation [on account of] each one of them.

The Expiation of Injurious Comparison (zihdar)
cpaslere Sp pet elyad at 3 Ol AS) Gre BI ELS
Sime te @lab ls aber) od
The expiation for [committing] injurious comparison (zihdr) is:

1. The freeing of a slave, if that is not possible, then

Fasting for two months consecutively, and for someone who is not
able [to fast],

3. The feeding of sixty destitute people.

gene, Se

All that [should be fulfilled] before contact’? [with his wife].
cS My BSI y Abid! ASS ge WS S Git,
cpadl Gre] g glaeg mel Sete coed 9 etd
Ad ele) & slate 5 9H Vy BE 2 Gile N Gtel »
Saar Y Silo gel 5 94 Vy
In that it is sufficient to free a Muslim or non-Muslim [slave], male or
female, minor or major, but a blind slave does not suffice nor one both of
whose hands or feet are amputated. However, it is permitted [for expiation, to
free] a deaf [slave] and one one of whose hands and one of his feet are
amputated on opposite [sides],”*° but one both of whose thumbs are

amputated is not permitted, nor an insane [slave] who does not understand
[anything].

JU aay ool Sill SIKU» gl ely ¢ pall oe J 9= Yo
jl KS og J LIK Sel OV

Freeing a slave who is to be freed on the death of his owner (mudabbar), a
slave-woman who is the mother of her owner’s child (umm al-walad)**’ and
a slave who has contracted to purchase his freedom (mukdatab) who has
discharged some of his payment, is not allowed, [but] it is permitted if one
frees a mukatab who has not discharged anything.

se ile BLES el BIG egy aul of ll 2 251 GL
ata ee a Ce ee iS fool Dh

If someone purchases his [own] father or his [own] son and intends [to
free them in order to perform] expiation by that purchase, it is valid for it [the
purpose of expiation].

ASL dad Gordy HUN ge Sede He ad Geel OI s

Lag gil Sly Sli al ary digo ulus je J ancl

OL 9 Verge Gall OS SO! a 5H dbs all Ler 145
5 A pw OS

If one frees a half of a jointly-owned slave for [the purpose of] expiation
and accepts liability for the value of the remainder of [that slave], and frees
him, it is not permitted, according to Abu Hanifah, may Allah have mercy on
him. Abu Yusuf and Muhammad, may Allah have mercy on them, however,
said that it is sufficient for him if the one who is setting free is in [financial]
ease, but if he is in [financial] difficulty, [then] it is not valid.

jhe gis aBl gil bail ye one aad sel Ol s
If he frees a half of his slave for [the purpose of] his expiation, then later
frees the remainder of him for that [expiation], it is permitted.?~°

oo Lyi pale Sl aale (bai ps one dead Sel Oy

LS al aay dase glue 54 J adh gel

If he frees a half of his slave for his expiation, then has sexual intercourse
with [the wife] whom he had committed the injurious comparison against,
then frees the remainder of him, it is not permitted, according to Abu

Hanifah, may Allah have mercy on him.?*?

Cnls Spe eye ADEN ate, b lhl ae 3 Ob
gL a sell ge ey ad ee Sy Obey se lated ond
ee

If the person who made the injurious comparison (muzahir) does not find
that which he may set free, then his expiation is to fast two successive
months, neither of the two being the month of Ramadan,””? the day of [‘Id]
al-Fitr, the day of an-Nahr (sacrifice), or the days of tashriq.’°!

Whe gl brake SY op etl JO Glee alk tl cle Ob
pel Ol pds AUN Lygeny dot 9 Adie al is ileal Lol
Bilal phe pay gl pha; lyre leg,
If he has sexual intercourse with the one whom he committed the injurious
comparison against, during the two months [of expiation], whether
deliberately at night, or forgetfully during the day, he is to restart [the fasting
from day one], according to Abu Hanifah and Muhammad, may Allah have
mercy on them, and [similarly] if he breaks the fast?’* on any day of them?’
with or without an excuse, he is to restart [the expiation from day one].?**
Bohl gel OY ce gad WL RUS 3 oj J rll ald oly
opie gall elyall_pollall alam J Ob adj pabl yl ave
oF op hele 3) _p ye ple ted) YR JS wala; 9 we
MW5403 3) pad ol
If a slave commits injurious comparison nothing suffices him as expiation
but to fast. Thus, if the master frees [a slave] on his behalf, or he feeds [sixty
needy persons] on his behalf, it is not enough for [the slave who made the
injurious comparison (muzahir)]. Then, if the person who made the injurious
comparison (muzgahir) is not able to fast he feeds sixty destitute people. He is
to feed each needy person:
1. A half sa‘ of wheat,
2. Asa‘ of dates or barley, or
3. The value of that.

Og AWS gh ITI IF WB Se wrlics pale ov
A>\9 eg: Bolles! O) 9 col jo Legs te Moly Lame gal

doy je Vloss J

If he feeds them dinner and supper, it is permitted, whether what they eat
is a little or a lot, and if he feeds [only] one needy person for sixty days, that
suffices him. However, if he feeds him for one day, that is not valid for him
except for that day only.?°°

lie J PLY! IE bles lb SOS ols

If he approaches the woman against whom he committed the injurious
comparison’”® during the [period of] feeding [the needy], he is not required to
restart [the expiation of feeding] from the beginning.

LA S92 Y ged) ge Yb GyLS ale cums oye
Sle gabl g\ 8) da yl ele Oo] WISy chgie Sle lew
Sle LiKe op pies

Whoever is obliged with two expiations for injurious comparison, and he
frees two slaves without making the intention for one of them specifically,
[the atonement of setting free] is permitted for both of them. [And] likewise,
if he fasts for four months, or he feeds one hundred and twenty persons it is
permitted.

Jat N48 WT op 544 ple ol Lge Broly 23) Heel OI s
pe Lagi uy ENS
If he frees one slave on account of both [expiations], or fasts for two

months, [then] he may attribute that to either of the two [expiations] he
wants.

SS OLS
LI‘AN — IMPRECATION BY BOTH PARTIES

cpt BL My Boles! Jal spe Ly UL ast pal fo 353 15)
PAD Com ge BL Ll atlbs laws 5 a ol cls at
Ola) add

When a man accuses his wife of sexual infidelity without substantiation,
and both of them are of the people whose testimony is accepted (ahl ash-
shahadah)’’ and the wife is one of those whose accuser of unsubstantiated
unlawful sexual intercourse would be punishable with a hadd [punishment],
or he denies paternity of her child, and the wife demands the consequences of
an unsubstantiated accusation of sexual infidelity from him, then he is liable
to [the process of] imprecation.?”°

oud Aun IK gl QED go GSD dune aie astel OV
If he refrains from it, the judge (hakim) is to detain him until he engages

in [the process of] imprecation, or admits he was lying [for which] hadd
[punishment] is applied to him.?°?

Fo SEN eee Contel OV LMI Kale Cog UT O} s

aBi25 9) 520
If he makes the imprecation, [then] engaging in [the process of]
imprecation’”” is obligatory upon her [also]. If she refrains [from making the

imprecation], the judge (hakim) should detain her until she imprecates or
[until] she says he is telling the truth.?*1, °4¢

LB GIS B loge gl VEIT gl Le x 9 Hl OMS 151.5
31 adad ail yal

If the husband is a slave or a non-Muslim, or has been subjected to a hadd

[punishment] for unsubstantiated accusations of sexual infidelity, and he
makes unsubstantiated accusations of sexual infidelity against his [own] wife,
then he is due [the punishment for] unsubstantiated accusations of sexual
infidelity.

Py ee gl Bas i Lal og Orgad Jal ( 795 OS ls
Yo 333 3 ade we LSB AY oe CO 5] GG
Sls
If the husband is one of the people whose testimony is accepted (ahl ash-
shahadah) and [the accused wife] is a slave-woman or a non-Muslim, or she
has been punished with hadd for unsubstantiated accusations of sexual
infidelity, or she is someone whose accuser of unsubstantiated sexual
infidelity cannot be punished with the hadd punishment, then there is no hadd

punishment against him for his unsubstantiated accusations against her of
sexual infidelity, nor will there be any imprecation.

The Procedure of Imprecation by Both Parties

JS BIg Oly el aged ltl Gary ol all dao 9
J 9s BBB ge ey rey Led Got gt 3] Ul agtt 32
fe Laley Ld GuSISTI Gye OWT Ol ale aU dad sl 8
U3 ate Ned ste 9 U3)
The procedure for imprecation is that the judge initiates [the proceedings
with the husband], who testifies four times, each time saying, “I testify by
Allah that I am truthful in that adultery I have accused her of.” The fifth time,

he says that may the curse of Allah be upon him if he is a liar in that adultery
he has accused her of. He points towards her in all of that [what he says].

ch 43] ah agth oye JS BS 9B Shy ay) LM 4 gts
AU agad All & J gid UM ye a Gly Ld Qusll

BM pe ay Bley Led babel y+ IS S| Lele

Then the woman testifies four times, each time saying, “I testify by Allah
that he is a liar in that adultery he has accused me of.” The fifth time, she

says that may the anger of Allah be upon her “if he is truthful about that
adultery he has accused me of.”
us AS dA NLS 253 COIS g cligte pola G5 Lad! 15!
aU amy aug gl Sy «Ths al Lgry wets dice ul
ae fo KF dhe
When both of them have made the imprecation, the judge orders their
separation. The separation is one final divorce, according to Abu Hanifah and

Muhammad, may Allah have mercy on them, but Abu Yusuf, may Allah have
mercy on him, said that it is an eternal prohibition.?*°

dal Addl s und gold! 8 Wy GID OT Oly

If the unsubstantiated accusation of sexual infidelity (qadhf) is regarding a
child, the judge should negate its paternity and attach it to its mother.’

Lgerg 5 SN Jong gall ode anti OAS 19 x 9 Hole Obs
ded 25) gl ay dod Lope G15 5] WIS,

If the husband retracts’*° and belies himself, the judge applies the hadd
punishment on him, and it becomes lawful for him to marry her [again], and
likewise if he makes unsubstantiated accusations of sexual infidelity against
someone other than her and is [subsequently] punished with the hadd
punishment, or she commits adultery and is [subsequently] punished with the
hadd punishment.

Yo clagiy OLS Mb ge gl Spare oy ail pel 515 Ol s
Wa

If he makes unsubstantiated accusations of sexual infidelity against his
[own] wife and she is a minor or insane, then there is no imprecation between
them, nor is there any hadd punishment.

Sal ay Gla Y p51 Sais

An unsubstantiated accusation of sexual infidelity made by a mute has no
imprecation [process] attached to it.

35> JB OI ge SII WB «ge Me ed» go HN JB 151 9
Ave bot| gols)| Las 39 le «bis ye fod ling

When the husband says [to his wife], “Your pregnancy is not from me,”
there is no imprecation.*“° If he says, “You have committed adultery and this
pregnancy is from that adultery,” they both engage in the imprecation
[process], and the judge does not negate the pregnancy from him.

SB DN SIL B oh Bog Cute asl pal Wy Jo SI IS
43 My Ana TH SOY) Al a Fled 9| Ags

When the man negates [paternity of] his wife’s child following the birth,
during the period when congratulations are accepted for it, or when baby
products are purchased for it, his negation of it is valid, and he is to engage in
the imprecation [process] for it.

dot 9 hw gs gil S89 ced eds 9 SEY US we ol OI
rad) bbe 3 4 Poy dbs AVI Lge)
If he negates it after that, he engages in the imprecation [process] and [his]
paternity is established. Abu Yusuf and Muhammad, may Allah have mercy
on them, said that his negation of it during the period of postnatal bleeding is
valid.?*’
BUL U2 AE\ 9 SN es Am| 9 je 3 cpg Sly Sls
SS SS ig SVL Biel Oly cz al toy bend 8
If she bears two babies in one pregnancy, [then] he denies the first and
acknowledges the second, it establishes the paternity of them both [to the
same father], and the husband is punished with the hadd punishment.?“° If he

acknowledges the first [baby] and denies the second it establishes the
paternity of both of them, and he is to engage in the process of imprecation.

bo) OLS
‘[DDAH — WAITING PERIOD

pea legen SS Beads sary sll Wrbeail pal Jo Ii gles)
ad ie BV 9 col 51 BG eed (AF yt b> a9 DL

When a man divorces his wife with a final or a revocable divorce, or a
separation without divorce has taken place between them, and she is a free

woman who menstruates, her ‘iddah is three menstrual cycles (gur’), and
qur’ is menstruation.

ON 9 pe8l BB ered YS gl re oe BFY OW Oly
he a2 Ol Lead ole Cl
If she does not menstruate due to youth or old age, then her ‘iddah is three
months. If she is pregnant, then her ‘iddah is that she delivers her foetus.?“”
Lend ZY CIT Oly Ole Led dl CIT Os
a9 pe

If she is a slave-woman, then her ‘iddah is two menstrual cycles, and if
she does not menstruate, then her ‘iddah is a month and a half.

Behcg gl day sl Lend 821 al yal ye dod ok 13 9
dls Ng ell Aum 9 Ole Loree aul els Ol» cel |

le 0.25 OI ead ole

When a man dies leaving his wife [who is a] free woman, then her ‘iddah
is four months and ten days. If she is a slave-woman, then her ‘iddah is two
months and five days,?°? and if she is pregnant, then her ‘iddah is that she
delivers her foetus.

When a woman who was divorced during the [terminal] illness [of her
husband] inherits, her ‘iddah is the further of the two terms, according to Abu
Hanifah, may Allah have mercy on him.’?!

MI) ore Sdast gam Gb ge Lose BAM cattel OI»

2D eras Wee Bote gl gis cay Stel Oly «51 F1 due

pleas Alene jas

If a slave-woman is set free during her ‘iddah from a revocable divorce,
her ‘iddah converts to the ‘iddah of free women, but if she is set free while

irrevocably divorced or widowed, [then] her ‘iddah does not convert to the
‘iddah of free women.

gab AES Moly by age) - Leareld LUI CUS Ole
adh daall its ol lade Oly Lene oye
If she is someone who does not menstruate, who calculates her ‘iddah in
months, then later she sees blood, whatever of her ‘iddah has passed is
overruled, and it is necessary for her to restart her ‘iddah according to
menstruation.
B Ad gue aged, Bybglly ob LIS & CU,
olls AS 2)
The woman who is married with an invalid marriage (nikah fasid), and the
woman who has sexual intercourse because of an ambiguity, their ‘iddah is

based on menstruation in the cases of separation [from] and death [of her
husband].

When the master of the [slave-woman who is| mother of [his] child (umm
al-walad) dies leaving her, or he sets her free, then her ‘iddah is three
menstruations.

Ugh ada thd bo eg ail pal ye parall le Id]
PLS pieg etl day! ead Soll dey Jd! Sue Obs

When a minor dies leaving his wife [as his widow], and she is pregnant,
then her ‘iddah is that she delivers her foetus. Then, if the pregnancy

becomes manifest after the death [of the husband], her ‘iddah is four months
and ten days.

Aad aed J ad De 3 ail yal Jol Gib 151 5
Sra {gd 03s

When a man divorces his wife during [her] state of menstruation, she does
not count the menstruation in which the divorce took place.

MA CIES cg Sone Lgdled Agus Butalll cathy 51 9
Bho) Bi ISI g lage Legis Lect ad rol 5 SRS
AU Bast eZ) ged ASW JSG Jy LVI

When a woman in ‘iddah has sexual intercourse because of an ambiguity,
She is liable to another ‘iddah and both ‘iddahs may overlap [each other].
Whatever of menstrual bleeding she sees, it is reckoned for both [ ‘iddahs].

Thus, when the first ‘iddah elapses and the second is not [yet] complete, she
is liable to complete the second ‘iddah.

Bog) Canis Blag}I 3 9 aI) nde GMb 3 dal ela
The beginning of the ‘iddah due to divorce follows the divorce

[immediately], and [the ‘iddah| due to the death [of the husband,
immediately] follows the demise.

83 Baall Bde Code cm Slag gl GULIL esd Ob
Lane vm % asf

If she did not know of the divorce or of the death [of her husband], until
such [time] that the period of ‘iddah elapsed, then her ‘iddah has elapsed.?°?

cel sil je sh clap: Se 23) ade Lala eI Bday
bs 55 te

The ‘iddah due to an invalid marriage [immediately] follows the
separation between the two [spouses], or [immediately after] the resolve of
the one who has sexual intercourse to cease having sexual intercourse with
her.”°°

On the Mourning of Widows
dale dal COIS 131 —- log) Ugie Bothls gl Jeg
sNa>¥\ -

[With regards to] the woman [in ‘iddah] who has been irrevocably
divorced, and [she] who has been widowed, when she is major and
Muslim,’°* she is to mourn.?°°

phe eV JaST 1g ely de Sop ALN I Ol ola»
5) y5 Vy ey gp Ege be gh aed Vy ol oY,

Mourning is to refrain from [wearing] perfumes, adornment,’°° oil and
kohl, except for a [valid] excuse. She must not dye [herself] with henna, wear
clothes coloured with wars (a yellow dye) or saffron.

NEM AS fog Brae Vo BBS Je lool Vy
There is no [obligation of] mourning on a non-Muslim woman or on a
minor female, but mourning is [obligatory] on the slave-woman.
Slam) el el dae 3 Ys Jul ISN Se 3 ads
There is no mourning in the ‘iddah of an invalid marriage or in the ‘iddah
of the mother of her master’s child (umm al-walad).
Abad) 3 a pal ol Vy dural! LF ol fe Vs

The woman in ‘iddah ought not to be proposed to [in marriage], but there
is no objection to making an allusive reference to a proposal.

Yo Ad Lee Oe GaP! gids Arm dalled 5 94 Vs

BH Vy Sl Gans bY co keg ee Sstly Ly
Bye 4b

Leaving the house is not permitted for the woman who has been divorced,
revocably or irrevocably, by night or day, but the woman whose husband has
died leaving her [as his widow] leaves the house during the day and [during]
a portion of the night, but she does not spend the night anywhere but in her
own house.

She BRIG Led] Slay 6 J5all 3 a5 Ol bse des
Bld AR Sal Slo oe Lee OWS GB «AB A & Bo
BR Ved lo ye Leet OIF lg phe Ge Ve ol
CNS ogra ye By Me Sly
The woman in ‘iddah should spend her ‘iddah in the house which was
ascribed to her for residence at the time of the separation.”°’ Thus, if her
share from the house of the deceased [husband] is enough for her, she is not
to leave it except with a [valid] excuse. If, however, her share of the house of
the deceased [husband] is not enough for her, and the heirs exclude [her]
from their share[s],?°° then she moves [out].
dae Sl Aaa; ¢ 9 BI Slay Sl jg Ys
It is not permitted for the husband to travel with the revocably divorced
[wife].
\gllleg Lee B lere 3 ob WE Both ail yal Jon glb 154
JBy Aarne dte Lhe g JelT pg aed ly Jew ol SS
Bg ball olél edhe yg gh! yas Lb: NLS alll aay wee
When the husband divorced his wife with a final divorce, then later
remarries her during her ‘iddah, and [again] divorces her prior to
consummating the marriage with her, then he is obliged [to pay] the full
dowry, and she is obliged a future ‘iddah.”°?’ Muhammad, may Allah have

mercy on him, however, said that she is entitled to a half dowry, and is [only]
obliged to complete the first ‘iddah.

Proof of Lineage of the New-Born Child

GSN gh od ay Sele 13] Are MN Awa Ny nd Cad g
ad pte Gye JY a Sele Oly cleus clash 2 JL
Cpe ge GTS 2 ele Oly clea) Ge Cob 9 ate aus
dam) CIS 9 Aud O05
The paternity (nasab) of the child of the woman who has been revocably
divorced is established when she bears him within two years or more, so long
as she does not confirm the completion of her ‘iddah.?°° If she bore him in
under two years, his paternity of him is established and she is finally divorced

(ba’inah) from her husband. If she bore him after two years, his paternity is
established and it is a rescission [of the divorce].
6 oY ACh) a Sel \>\ Lows ein) Ce 45 gil g
VY ape Ce gd Bl og Ge te eld & Sele 13] 5
GaP Aer JI
[With regards to] the irrevocably divorced woman, the paternity of her
child is established when she bears him in under two years. When she bears

him on the completion of two years from the day of the separation [due to
divorce], his paternity is not established unless the husband claims it.

Spot Og BNI oy le Leng Lge b gl wy ed Oa
The paternity of the child of the widow is established between the [time
of] death [of her husband] and two years.?°!
oe BY dy Cele ob ese eLawl duall od fel 131 y
deed Sed J gl ded dy Cele O) yas od gl dun
When the woman in ‘iddah acknowledges the completion of her ‘iddah,
then later bears a child in less than six months, his paternity is established. If,

however, she bears him in six months [or more], his paternity is not
established.?°

As ablar dare glrcauseuds Jwgdsrableutali 9
Je Shing SSSI aly oy lode LV aged!
BS Ab pee Sie 9 MS ye BL fel gl alk

When a woman in ‘iddah bears a child, its paternity is not established,?°

according to Abu Hanifah, may Allah have mercy on him, unless:
1. Two men testify to its birth, or one man and two women, unless the
pregnancy is evident, or

965

2. An acknowledgement from the husband’s side,”’? in which case

paternity is established without testimony.
aed Boek Tbs all Lgry ety ey gl Ss
bol 9 s\ yal bol gde
Abu Yusuf and Muhammad, may Allah have mercy on them, said that in
all of the [above] cases, [paternity] is established with the testimony of [only]
one woman.
dea pg die yo BY yy Seled dLyal Jodo 93 ML
clad p45) ed a Sele Ol 9 aud Cob J ora 3 ey
BN toe Oly Ke ol x gM a Biel Ol ans od
BN gdh agdd S4ol9 dl el Sots Gud
When a man marries a woman and she bears a child in less than six
months from the day that he married her, his paternity of [the child] is not
established, but if she bears him in [exactly] six months or more, his paternity
is established, whether the husband acknowledges it or remains silent. If,
however, he denies the birth [relating to himself], it is established with the
testimony of one woman who testifies to the birth.?°°
gl atc alll g cgyltien fodl Bue _ 519

The longest period of pregnancy is two years and its shortest [period] is
Six months.

lgdle cue Wo dreil| el pb I3\ 9
When a dhimmi divorces a dhimmi woman, there is no ‘iddah for her.?°
se lagle, Vy «cS Sle GI pe JL Cog 3 151 9
Wn ai

If a woman, pregnant from adultery or fornication, marries, the marriage
is permitted but [her husband] does not have sexual intercourse with her until
she gives birth.

NAFAQAT — MAINTENANCE

13) <B3IS 9) CSIT Aabne Leng) Se dong UI daly Atel
pia, clalSiwg Le gS 9 grt aad care 3 ns Cle
| mane glo 9 SOS | pw ge lage blew a5
Maintenance (nafaqah) is a duty for the wife from her husband, whether
she is a Muslim or disbeliever, when she surrenders herself in his house. So,
there is due from him her maintenance, her clothing (kiswah) and her

lodging, and all of that is determined according to the circumstances of [the
spouses, whether] the husband is well-off or in [financial] difficulty.

Adas| (gle lego yas 1 > Lgunts robes 5 ye Catal B\C

If she refuses to submit herself [to him] until he gives her dowry to her,
then she is [still] entitled to maintenance.

Adjne Mognd o> Ub dati 1b 555 lg
If she deserts [him], then she has no maintenance until she returns to his
house.
Seale Oly lb Sa EE piety Y Spd CIS Ol s
4a)| (gen
If she is a minor from whom he cannot derive pleasure [through sexual

intercourse], then there is no maintenance for her, even if she does submit
herself to him.

Wi Bas a My boll Jo ya I Lae cal ols Ls
alle iY Aaa) |

If the husband is a minor who is unable to have sexual intercourse, whilst
the wife is adult, then she is [still] entitled to maintenance from his property.

amy Lene & Rady Ades) ld asl he yN gb l3!
When a man divorces his wife, she is entitled to maintenance and lodgings
during her ‘iddah, be she revocably divorced or finally divorced.

Lea 25 ee 3 stall 28 Vy
There is no maintenance for the woman whose husband has died leaving
her [as his widow].?°°
Ub dias 3 dyoas SLM L3 ye Dele 355 IS
[In the case of] all the [forms of] separation that take place on the part of
the wife due to a wrongdoing, there is no maintenance for her.?°”

paw Shade 51 5 Yall Sl »

970

If he divorces her,’’~ then later she reneges [on Islam], her [right of]

maintenance lapses.
US GAA ray IS NB send Gye Lema) Gel Ks OI
LA 4aas Md BALI LS GIS lg Azad!
If she empowers the son of her husband over herself:?”!
1. If that is after divorce, then she is [still] entitled to maintenance,
2. If it is before divorce, then there is no maintenance for her.

ah edb La ST Joy gnet sl po B aL M Cune IS
When the wife is in custody because of debts, someone abducts her

forcibly and takes her away, or she embarks on hajj with someone who is
marriageable (a non-mahram), she is not entitled to maintenance.

daa) YB cB Jue beady Is

When she becomes ill in the house of her husband, then she is entitled to
maintenance.

28 Me lew ge DIS '3] Lgeole Aaa x 9 SI de U2 tie
A>| 9 ele iY , y
Maintenance for her servant is obligatory on the husband when [the
husband] is well-off, and it is not obligatory for more than one servant.

OV cabal sys Jol {gd pad Spare slo b ue Sl ANS 9
ENS jt
It is incumbent upon him to house her in a separate building in which

none of his family [members live], unless she chooses that [to live with other
family members].

Lge J gel ye lghal gone elas y Yewls es SNe 9 Ms
|g std\ 239 ci b gas wee 0 Vo Les dl oye agence Vy

The husband may prevent her parents, her child from another [previous]
husband and her family from visiting her. He may not, however, hinder them
from looking at her nor from talking to her at any time they choose.

ale godt WA Jl gcligie 3, Jail pol dan pul og

Whoever experiences difficulty in the [payment of] maintenance to his
wife, they are not separated, but it is said to her, “Take a debt against
him.”?/2

UF dee Sb 9 Shy Joye Boealy Jo SOLIS! 9
CAS 9.9 placa ool s —slall doo ) Aaa JU MN 3 cols
eVGA YY CSU Sle g Addy ga Vo ly MUST Lee JEL

When a man is absent and he has some property in the possession of a
man who acknowledges it and [also acknowledges] the marriage, the judge
imposes the maintenance of the wife of the missing man on that property, and
of his minor children and his parents. [The judge] takes from her a guarantor
(kafil) for her, and he does not decide maintenance in the property of the
missing person [for anyone] except for these [people].

B ab ateclbd pul ob slic! daar Lb oli! 945 15] 5

When the judge has adjudicated for her the maintenance of someone in
financial difficulty, then later, [the husband] becomes more prosperous and
she disputes [an increase in her maintenance money] with him, [the judge]
completes the maintenance of someone in financial ease for her.’

est MB Wy aadlleg Lge og 3M Gay) Bae Care 3] y
Bs ea tle 5 das Ub 95,5 old! 0% ol Yd
gas le ddan Ib gai’ clay|nis
When a period elapses wherein the husband has not given maintenance to
her and she demands that from him, she is entitled to nothing unless the judge
had prescribed some maintenance for her, or she had made an agreement with
the husband regarding its amount, and then [the judge] adjudicates for her
regarding the maintenance of what [period] has passed [without
maintenance ].?”“
Cake) gg Cudeey SIL ade gad eae 9 MOO!
If the husband dies after what was adjudicated against him regarding the

maintenance, and a few months have passed [after his death], the [payment
of] maintenance ceases.

TON ch leg gee le AH A Cnt NLS al ary
If he gives her advance maintenance for a year, then later dies, nothing is
taken back from her, but Muhammad, may Allah have mercy on him, said

that the maintenance of whatever has passed is reckoned up as hers, and
whatever remains is for the husband.’”°

Led oly ale Go ted a> tall oa PIL y

When a slave marries a free woman, her maintenance is a debt upon him,
for which he [may be] sold.

ABAD Aglad Y jie dae Lage bal gd dal Joo 3 o 9 95 151.5
ads lb 488 EUG J Oly
When a man marries a slave-woman, and her master lodges her in a house
with him [the husband], then her maintenance is due upon [the husband], but

if he does not lodge her, then there is no maintenance for her due from him
[the husband].

y Les ‘iil les aS lis y NI ss yl Ne ARR 9
tol dmg 3) das B SUL
The maintenance of minor children is due from the father; no-one shares

with him in that, just as no-one shares with him in the maintenance of the
wife.

pong 9 Aas Olas Je pal lend) prall OW 8
i A> 9) eo) Li yo baa Ov Laws As. 33 iY Si a)
lap lul Yrs Hail Oly Ge d lady ad utes
j\> asle,| Ss

If the minor is breastfeeding, it is not incumbent upon the mother to
breastfeed him, and the father hires someone for him who breastfeeds him
with her. If he hires her to breastfeed [his wife’s] child and she [the
breastfeeding woman] is [another] wife of his, or a divorced wife of his in

‘iddah, it is not permitted. It is permitted for him to hire [the divorced wife]
to breastfeed [the child] when her ‘iddah has ended.

Je WN oo 5 lege cby aed Y VI JE ob
IS BBL) Camel OL g cay God PV COT Ae Bo |
Lhe eas

If the father says, “I will not hire [the mother of the child],” and he brings
someone else, and the mother consents to the same wages as that of the
stranger,?’° the mother is more deserving to [breastfeed], but if she asks for
more, the husband is not compelled to pay it.?”’

ALS cays bade oly el Ue dels pre! dats

The maintenance of a minor is obligatory upon his father even if he is of a
different religion, just as the maintenance of the wife is obligatory upon the
husband even if she is of a different religion.

BlLat| ob
CUSTODY

AN SS JOB adh G1 VR ges Moy 4b BI ab 9 5 9

a ch gl CAH al AVI al ad - (lac NI al. sad of al ale
Cr Ss) YI eld el JON SB el os Dal ed .
SID 9 lead ye Dsl SSN Ste SG) OB cl oI

If separation between the spouses occurs, the mother has more right to
[custody of] the child. If the mother is not there, then the maternal
grandmother has more right than the paternal grandmother. If [the child] does
not have a maternal grandmother, then the paternal grandmother has more
right than sisters. If, there is no grandmother, then sisters have more right
than paternal aunts and maternal aunts.

a
a

cal a-Si J Ry 3 culead | oY Jel ovidi o ON oy

MIS shy Shall

The full sister has priority [to the custody of the child], then the uterine

sister, then the consanguine sister, then maternal aunts have more right than

paternal aunts. They descend [in order of priority] just as the sisters
descend.?’’° Then paternal aunts [have custodial rights of the child and they]

descend, likewise.

IS) ASN LaF 8 yim ded ge pectin a 3 tye JS 9

33\ yore SS

Out of these [women], whoever gets married, her custodial rights lapse,

except the maternal grandmother when her husband is the paternal

srandfather.

eV Se Mad mart ly abel jel yal peal 3S O8
Ld ei ple
If the child has no woman from his family [for his custodianship] and the
men dispute over him [regarding custodial rights], then the one who has the
most right is the closest of them in agnatic relationship (‘asabah).’””
om 9 pe 9 ohm 9 ys nn ASL =| wear oS!
AF > A IDL gy coder putn 9 odorg Guns 9
The mother and the maternal grandmother have more right to the [custody
of the] boy, until he can eat by himself, drink by himself, dress himself and
wash himself after using the toilet, and of the girl until she begins to
menstruate.

Women other than the mother and the maternal grandmother, have more
right to [custody of the] girl until she reaches the age of [sexual] desire.

EDIT Ash 3 go Cie 13) Val oly Lege late 13] eV Ly

[With regards to] the slave-woman, when her master sets her free, and the
mother of her master’s child (umm al-walad), when she is set free, is with
respect to the child like a free woman.?””

AM 35> Gal JS Voll oly A450 Jy
Before being set free, the slave-woman and the mother of her master’s
child (umm al-walad) have no right to [the custody of] the child.
adhe BI gl SLO Saar dle glad Ley, Gol ddI
AS DL oI
The woman of the People of the Book living under Islamic governance

(dhimmi) has more right to her Muslim child as long as he has not come to
comprehend the religions, or it is feared for him that he becomes intimate

with disbelief (kufr).
M3 bald pall ye Ley oF ol allel Soll 151 5
Ad leona 35 9M OW 15g giles SN ae OY
It is not permitted for the divorced woman to decide to take her child out

of the city, unless she takes him to her [own] country, and it was [that
country] in which the husband had married her.

gl (3 adlaay orlaely 4) gil Se jae oh Jes des

AZ> 3 ogJlE O} 9 +l 88

It is incumbent upon the man to spend upon his parents, his grandfathers

and his grandmothers when they are poor, even if they are of a different
religion.

No} Wo 9 Waly olds laos

Maintenance is not obligatory along with difference in religion, except for
the wife, parents, grandfathers, grandmothers, the child and grandchild.

sol ay g/ 4a Bald! HLL,
No-one shares with the child in the maintenance of his parents.

gl | Aas lao IS \3\ Are at amy 55 IS A>\9 Ana'S\ 9
Abd gol gl is 153 GIT gh cd nid AL lol OT
Maintenance is incumbent [to be given] to any un-marriageable relative
(dhu rahm mahram) of his when [that un-marriageable relative] is:
1. A minor and needy,

[When] she is major and needy,

2.
3. A chronically ill?°! male, or
4.

A needy blind male.
Sl yl lade fe LS UA sg

That [maintenance] is incumbent according to the ratio of the [shares] of
inheritance.

Ai de Bosley gil de oes GAL AWN ALN Aw A
cpl os ‘- ree iF Yo ee ey 3 (ELS

Maintenance of a major daughter and [of] the chronically ill son is
incumbent upon their parents in thirds; from the father, two-thirds, and one-
third from the mother, but their maintenance is not obligatory if there is
difference in religion.

pal ee VF Ys
[Maintenance] is not incumbent upon the needy person.

EL lg cay gil AdaY le (cad Sle CSL H OWS 151 s
ON 9 «BLS all aay daze Gl aie jle Lgead & sels ol gl
EB ay gol 4 BIL SL GW IS OL G4 J SU gb
pe Lege GSE piel yb JL OF OL y is J au
fee Ala Ot!
When there is property belonging to an absent son, the maintenance of his
parents is adjudicated to come from it. If his parents sell his [movable]
property for their maintenance, it is permitted, according to Abu Hanifah,
may Allah have mercy on him, but if they sell his real estate, that is not
permitted. If there is property belonging to an absent son in the care of his
parents, and they spend of it, they are not liable [to recompense him], and if
there is property belonging to him, which is in the care of a non-relative, and

he spends it on [the parents] without the authorisation of the judge, [the non-
relative] is liable [to recompense him].

AHL PL Soy Qraligly yl Qa p23 ILy
Ae hace B gal! ob O3L SIS] edad Bre Coded

When the judge adjudicates maintenance for the child, the parents and for
un-marriageable relatives (dhu rahm mahrams), and a period [of time] passes
[with non-payment], it lapses [as an obligation], unless the judge authorises
them to buy on credit against him.

NWS g US 32 aaa! Ov cAtal 9 ode je 325 Ol doll des
Pel eT bed 9S SF Oly « aie tly LS OS Lb
Lean ds doll
It is [incumbent] upon the master to spend upon his slave and his slave-
woman. If he refuses to do so and they have some earnings then they earn

and spend out of [those earnings], but if they have no earnings, [then] the
master is compelled to sell them.

Sled) OLS
‘ITAQ — SETTING FREE***

actel gl oda) JIB ISS cae 3 JBL UI 31 ys ab Gul
9 By > 48 9h 5% oh See gh gates gl o> cal >
ged oh Sel Dokl 693 cc gte 1d «tere |
The adult, sane free man’s setting free takes effect in his property. Thus, if
he says to his slave, or to his slave-woman:
1. “You are free,”
“',.set free,”
“ ..atiq (set free),”
“",.freed,”

“T have freed you,” or

oe ee IS

6. “I have set you free,”
then he [or she] is free, whether the master intended setting [them] free or
not.?°°
axe S18 gl KE gl (L293) gl > Chil» S15 13) WIS s

S> deb

Likewise, when he says:

1. “Your head is free,”

2. “Your neck...,”

3. “Your body...,” or

4. He says to his slave-woman, “Your vagina (far) is free.”

A OLS «BEA AIM 5 ig ee DAL Yo JB 5! 2
FAMOUS apt MIS 9 He 3 sh

If [the master] says, “I have no ownership over you,” and by that he

intends freedom, [the slave or slave-woman] is set free, but if [the master]
does not intend [freedom, then] they are not set free. Likewise, all statements
that imply setting free [depend on the intention].

Sad GN 2 Gp Als Sole Yo JB Oly
If he says, “I have no authority over you,” and he intends setting free by
that, [the slave or slave-woman] is not set free.
gl KS V9 lia» Je gl N> he 59 « dl de» : SIE 13| 9
gin 3 (Sl L» i « wh» JB Sls «se «SY 34 Lb»
When [the master] says, “This is my son” and sticks to that [statement], or
he says, “This is my freed slave (mawla),” or “O my freed slave (mawla),”

[then the slave] is set free. If, however, [the master] says [to the slave], “O
my son,” or “O my brother,” he is not set free.

gl ue ade Ste (yl la» ald ade Wy Yd SB Ol

sue J Ts all Lgey lPsue 9 Db al am dace

If he says, regarding a slave the like of whom could not be bor to

someone like him,’°* “This is my son,” he is set free, according to Abi

Hanifah, may Allah have mercy on him, but according to Abu Yusuf and
Muhammad, may Allah have mercy on them, he is not set free.

Be JD a oe Bb ail anh JB Sls

If he says to his slave-woman, “You are divorced,” intending by that
freedom, she is not set free.

Y\ cl ley N28 Sls (Sie ud « 3 jee oly ods) Jb Ol»

If he says to his slave, “You are like a free man,” he is not set free, but if
he says, “You are nothing but a free man,” he is set free.

Ale Sie Ais OF amy ld Jo J) Ube Id] 9

When a man acquires ownership of an un-marriageable relative (dhu rahm
mahram) [as a slave], he is set free [unconditionally].?°°

Brn g pans U3 ale sie oe am ct oll piel 51 5
aU Lagaty WSs DLs Wl ary dase al ue oY gh ated day

La =

When a master sets a part of his slave free, he is set free in that part, and
he works for the remainder of his [own] value for the master, according to
Abi Hanifah, may Allah have mercy on him.’°° They,??’ may Allah have
mercy on them, however, said that he is set completely free.

SNE Bie Aaa Lael Ge WS 5 Oy All DIT 134 5
Se lb Ob y «Stel el Of LLL a od |e ge olf
ad) crentenl LE OI 9 cAnyad Land ar

When the slave is [shared] between two partners and one of the two sets
his [own] share [of the slave] free, he is free. If [the partner who set him free]
is [financially] well-off, then his partner has a choice:

1. If he wants, he may set [the slave] free,

If he wants, he may take compensation from his partner according to
the value of his share, or
3. If he wants, he may demand work from the slave.

cA Sel Lb OAL Oy NG | une geal OW Os
Sls al ary dage gle Weg teal autel Ld Ol g

If, however, [the partner] who set him free is in difficult [financial]
circumstances, then the partner has a choice:

1. If he wants, he may set his [own] share [of the slave] free, or

2. If he wants, he may demand work from the slave.

This is according to Abu Hanifah, may Allah have mercy on him.
ae Sled Yd jad TLS a Lagat dot g tugs oil SlSs
Jey ae Slants Glad
Abu Yusuf and Muhammad, may Allah have mercy on them, said that

[the partner who did not set the slave free] is not entitled to anything except
compensation if [the partner who set the slave free is] well-off, and work

[from the slave] if [the partner who set the slave free is] in [financial]
difficulty.

he Vg AN Cenad gre Lael cpl gdley Go fl ISL
Anaad gel eld S| LLL Oh Sly old) s 13) WAS, cade

Jusd| enw | eLS Org

If two men buy the son of either of the two, and likewise if they inherit
him, the share of the father is set free and there is no compensation for him,
but the [other] partner has a choice:

1. If he wants, he may set his [own] share free, or

2. If he wants he may demand work from the slave.

gory Dh BI fe 9S ye sol JS ag! LiL
Spee I US op pi ge aed 3 Lge sels JS aa
GIS 13) : DLS alll Lewy Vs Lbs all amy dine Ul ue
NS Shy clad ew Sp pure LIS Gh g clan Wb Gp pe ge

poll ae dy pt gall eee Sy ey Pel

When each of the [two] partners testifies against the other regarding the
freedom [of the slave],?°° the slave works for both of them, according to their
Share [in him], be they [financially] well-off or in difficulty, according to
Abi Hanifah, may Allah have mercy on him, but they,’®’ may Allah have
mercy on them, said that:

1. When both of them are well-off, there is no work [on the slave], but
If they are both in [financial] difficulty, he works for both of them,
and
If one of the two is well-off and the other is in difficulty, [the slave]

3. works for the one who is well-off and not for the one who is in

[financial] difficulty.

SE eral) ol NEE gh BLS al aa) ove gel 09

Whoever sets his slave free for the Face of Allah, exalted is He, or [even if
he sets him free] for Shaytan or for an idol, he is set free.

23\9 OL Sadly oS seg
The liberation [of a slave] by a coerced or intoxicated person takes effect.
SOU pats LS poe Lop gh le geal GUAt

When one attaches the act of setting free to ownership or [to] a condition,
it is valid, just as it is valid in [the case of] divorce.

5 , 4:
Be Whee LY] Ol ole oe goal te o> Sly

When the slave of a belligerent (harbi) leaves enemy territory (dar al-
harb) [to come] to us as a Muslim, he is set free.

Sod grel Gf 9 lgle gre 9 cette Male dy gle gee 151.
eYl Gs sy He tele

When someone sets a pregnant slave-woman free, she is set free and her
foetus is [also] free, but if he sets the foetus free only, it is set free but the
mother is not set free.

yo gle Jb ISB Sie Apll edd Sle Ue one 52el 131 5
Aa) 9 THO > 518 HL) yal oly JB gly SUM 20339
anced Led gl SLI pol SUM pool 5 igdle sles JU
dua)\ 5253
When someone sets his [own] slave free against property and the slave
accepts, he is set free. Thus, when he accepts, he becomes a free man and the
[payment of] property is binding upon him. If [the master] says, “If you pay
me a thousand, you will be free,” it is valid; the [payment of] property
becomes binding upon [the slave, if he accepts the deal], and he becomes an

authorised slave (ma’dhun). Thus, if he presents the property, the judge
(hakim) compels the master to take it and set the slave free.
cLagad 5 ole Lema} Gye Lay 9 > Lage Gye ded wy 9
o> dell 2 831 yg
The child of the slave-woman from her master’”” is [born] free, but her
child from her husband is owned by her master and the child of the free

woman from a slave’”: is [born] free.

wsdl ob

TADBIR — SETTING FREE A SLAVE ON THE
DEATH OF THE MASTER

8d pe Fe CN gh Fo CS eee Llp aS oghod od ght SUS 13
Aa 792 Yl pds gle 8 (EB 9 43 gl Soe Cal gl coe
Oyo 52 9 dadderen OI cd galls carue Vy

When the master says to his slave [or slave-woman]:

1. “When I die, you will be free,”

2. “You are free after my passing away,”

3. “You are mudabbar,” or

4. “I have made a mudabbar of you,”

he has become a mudabbar; selling him and giving him away as a gift is
not allowed,”’* but the master may seek his services and hire him out.

Lym g te yl alg clalls (yh ald dal US OI g

If she is a slave-woman, he may have sexual intercourse with her and he
may [also] marry her [to someone].

EMI oe ed Ole EB Gye pall sie Doll ole 131.9
Ssh de OTF OY cated 28 B an ont Jd gS J ob
Clow) aed a BY OX?

When the master dies, the mudabbar is set free from a third of his
property, if he can be extracted from the third.’’° If, however, [the deceased
master] has no property other than [the mudabbar], he works for two-thirds

of his [own] value.’’* If the master was in debt, [the mudabbar] works for
[the amount of] his [own] full value, for the creditors of [the master].

pe 6 pall 99

The child of the woman who is to be set free on the death of her master
(mudabbarah) is [also] set free on the death of the master (mudabbar).

ce ee OL Sige Ol Jee - are Je os pull gle ob
PAS edd IAS eye oye gl cla Spee 3 gl cla (9 ys
Are ) 99
If [the master] attaches the act of setting the slave free on his death
(tadbir) to a description, for example, he says:
1. “If I die due to this illness of mine,”
2. “...in this journey of mine,” or
3, “...in such-and-such an illness,”
then he is not a [real] mudabbar, and he can be sold.

pall Ba LS ge le SS SN dali de Dhl ok ob

If the master dies according to the description which he mentioned, [the
Slave] is set free, just like a slave set free on the death of his master would be
set free.

Sew) Ob

ISTILAD — BEARING THE CHILD OF THE
MASTER
4) 598 Y cal ay ol Cyle 4 LY ge ge 4 Cie 15
Let 2 Ba Lele] g gels y Laghes aly URE Vy Leas
When a slave-woman gives birth [to a child] from her master, she
becomes the mother of his child (umm al-walad); it is not permitted for him

to sell her nor to transfer her in ownership.?”° He may, however, have sexual
intercourse with her, avail of her services, hire her out and marry her away.

Ag, Dele O13 <b ghl a Shey OI! Loads od Ed Ys
The paternity of her child is not established unless the master
acknowledges it. Then, if she bears a child after that,?”° his paternity of it is

established without acknowledgement. And, if he denies it, it is [legally]
negated by his statement [of denial].

Al Ke 3 548 ly Seed Gog) Oly

If he marries her away and she bears a child, then it comes under the
[same] ruling as its mother.

Arla! oi Yo «SUL ast Oe kts Sohl ole I5i9
cre Doll de OlS | ele al

997

When the master dies, she is set free from all the property.’”’ If the master

was a debtor, working for the creditors is not binding upon her.

Sybe lShe 9b aie ald r IRs one dol Jo Medes 151 5
a) ay el

When a man has sexual intercourse with the slave-woman of someone
else, in marriage, and she gives birth from him, then later he acquires
ownership of her, she becomes an umm al-walad to him.

Ceus Cus oleola Ny elas An) as yl NI + dog \3\ 9
Ladly dad Vy Lape ale uals Lured abe g ia Uy eleyles

When a father has sexual intercourse with his son’s slave-woman and she
bears a child, and he claims it, his paternity is established and she becomes
his umm al-walad; her price will be due upon him, but [the payment of] her
compensatory dowry (‘ugr)””° or the price of her child will not be due from
him.

DIT OY cade Hed es J AN ol ae AN leche ol s
If the paternal grandfather [of the master] has sexual intercourse with her,
with the existence of the father [of the master], his patemity is not

established, but if the father is deceased, the paternal grandfather’s lineage is
established, just like the father’s paternity.

LPso) cleo Np Sebd WS 2 we SWI I ols
inaiy layic Capa aley ca Wy pl Cyling cio Aud CS
Amend Cas Las olcal GIS cloaly da S je ect ale uty lees
tai gis dele IS dee id Jy =| AS SIS y clgis
Les tals IS oe pM Spy SI de dk Lele ssl
Bolg I El po aie GE» Lg lS cpl SLs

If the slave-woman is [shared] between two partners, and she bears a
child:

If either of the two claims it, his paternity is established, she becomes
his umm al-walad, and half her compensatory dowry and half her
value is due [as payment] from him, but there is nothing due from him
[as liability] for the value of her child;
If both of [the partners] claim it together, paternity is established to
both of them, and the slave-woman becomes an umm al-walad to
them both, each of the two is [liable for] half her compensatory
2. dowry, they clear their property for the other equally.’’’ The son
inherits from each of the two the full inheritance [share] of a son,
both of them inherit from him the [equivalent] inheritance of one
father./°°!

1000

A3,0 O18 sole sl Vp Seled AdIKe & gle J gl + og l5\ a
Peg clay dade la pic ale ITs care dd 3 SIL
Ans Ape Sas J el BSI dS" ly ca Wy ol

When the master has sexual intercourse with the slave-woman of his slave
who has contracted with him to purchase his freedom (mukatab), and she
bears a child, and he claims it:

If the slave who has contracted to purchase his freedom (mukatab)

confirms him [in that], his [the master’s] paternity is established and

[the payment of] her compensatory dowry is due from him as well as

the value of her child, but she does not become his umm al-walad;

If the slave who has contracted to purchase his freedom (mukatab)

2. denies his [the master’s] paternity, his paternity of him [the child] is
not established.

AL-MUKATAB — THE SLAVE WHO CONTRACTS
TO PURCHASE HIS FREEDOM

eal! JSg ale alot Jl fe aial shore ct oll IF 13 5

LsINe jhe séall US

When a master makes his slave or his slave-woman a mukatab upon [the

payment of] property which he stipulates for them, and the slave [or slave-
woman] accepts that contract, !°°* he [or she] becomes a mukatab.'00?, 104

Lacey Mo $s jt 9 We JU Lik Ol jot

It is permitted to stipulate the [payment of] the property immediately, it is

[also] permitted to delay it, and [to pay it] in instalments.

col 9 oh Nl Joe, SIS 15) paral all ALS 5 9s

The contract for a minor slave to purchase his freedom is permitted when
he comprehends [the acts of] buying and selling.

CF de Soll 2 oe SIN Gs ALN! ove N51 y

95ND 5 9A Vy paadly el ply mall al 5 goud cae ys
Vy pend e gb VI Gare Vy oe Vo cd oll a O56 ot Y
AKe SNS 9 caseS & do 4 dal ye aly dd aly OLS URy

A AeS'g cay > On

When the contract for the slave to purchase his freedom (kitabah) is valid,
the slave who has contracted to purchase his freedom (mukatab) goes out of
the possession of the master, but does not leave his ownership. It is permitted
for him to sell, buy and travel, but it is not permitted for him to marry unless
the master gives him permission. He may not give anything as a gift or in
charity except something slight, and neither is he to act as a surety [for

anyone]. If a child is born to him from his slave-woman, it enters into his
contract to purchase his freedom (kitabah); its [legal] ruling is just like the
ruling of its father and its earnings are [also] his.

Jo lay aie Sl gb SIT oS atal ye ote doll 95 OV
Ub ded IS 9 aks &

If a master marries off his slave to his [own] slave-woman, then later
gives them both contracts to purchase their freedom,!°”° and she bears him a
child, it enters her contract to purchase her freedom, and its earnings are hers.

Be al Neh Ge Og hall a3) Ie J hl bs ot y
dard A YLe abl Ol g ALLL 2203) Los

If the master has sexual intercourse with his slave-woman who has
contracted to purchase her freedom (mukatabah), the compensatory dowry
(‘ugr) is binding upon him. If he harms her or her child, the [payment of]
damages [or retaliation against him] is binding upon him,!°°° and if he
destroys any of her property, he owes it [to her].'°”

als fEl Ol 9 aul & Jdoaul sl obi Sl g iI 15) 5

SIAN) 9 clean 5H dy LUI 3 loa Joo Leads as ouy

dase gl ue aul & Joy J 4d Vy Ya oF aoy |
BLS al az)

When the slave who has contracted to purchase his freedom buys his
[own] father, or his [own] son, they are comprised in his contract to purchase
his freedom. If he buys the slave-woman who is the mother of his child (umm
al-walad) together with her child, her child is comprised in the contract to
purchase his freedom, and selling her is not permitted for him. If he buys an
un-matriageable relative (dhu rahm mahram) who has no relationship of

birth'°°° to him, according to Abi Hanifah, may Allah have mercy on him,
they are not comprised in his contract to purchase his freedom.

OS ols le § SEI J pes oF SIS jare U3) 9
EB; pry Jou J cade pha, Ske gl caperds G2 a)

ores Soll leg dmg} 3S 3S} 9 MIM gl pogdl ade
i? it , - m : ue
ASU one, ee doe

When the slave who has contracted to purchase his freedom (mukatab) is
unable [to pay] an instalment, the judge (hakim) should look into his
circumstances:

If he is owed [a] debt whose discharge he is seeking, or some property

1. is to come his way, then [the hakim] should not hurry in declaring him

insolvent (‘ajiz), but allow him two or three days;
If he has no resort [to anything] and the master demands declaration

2. of his insolvency, the judge declares him insolvent and repeals the

contract for the slave to purchase his freedom (kitabah).

ade Mg gm opr Yi dbs al aay ay gl SES
os 3 le NS 9 9» oS idl ole St jee NSl g shld
oY oh OLS YI cys

Abu Yusuf, may Allah have mercy on him, said, “He should not declare
him insolvent until two successive instalments are due from him.”

When the slave who has contracted to purchase his freedom (mukatab)
becomes insolvent, he returns to the [legal] ruling of slavehood, and whatever
earnings he has in his [own] possession are his master’s.

ce ads le pads DLS mae, Ske Sq SIS Bk Ob
96 tw bb 9 le eljel ge ese BI 3 atte Sey al
oo) Si 9 45) 9) Te

When the the slave who has contracted to purchase his freedom dies and
he has some property, the contract to purchase his freedom is not rescinded.
Whatever is due from him is discharged from his property and it is ruled that
he was set free during the last part of his life.!?°? Whatever remains is
inheritance for his heirs,!?'° and his children are set free.

Al LS 3 ae ALS J loglge lly I 5p edgy I 3 ls
gl Greg ge Lb ay! Gey Ke ol 130d caged Je

If he did not leave [enough] to settle [the contract], and he leaves behind

one child who was born during the [period of] the contract to purchase his
freedom, he is to work for his father’s contract’s instalments. So, when he has
paid [the complete dues], we rule the setting free of his father before his
death, and the child is [also] set free.

ALSO 055 Ol lel sa} J ALSO BG fide lly 4S Of g
SN Boy Wag TE

If he leaves a child whom he had bought during the [period of] the
contract to purchase his freedom, it is said to him, “Either you pay the
contract [dues] to purchase [your] freedom immediately, or you will be
returned to slavery.”

Anni ed Je gl ppd gl pF fe ode plik! LIT 131 5
(3 oe RB An jlo ge yp pble ph ool oe cod ALLS
Ale aN 52 9 goubl ye pate Vy aia’
When a Muslim makes a contract for his slave to purchase his freedom
with:
1. Wine,
2. Swine, or
3. For the value of the slave [himself],

the contract to purchase his freedom is invalid. But, if [the slave] furnishes
the wine, or swine, he is set free and it is binding upon him to work for his
value which shall not decrease from the specified [amount], but it may

increase.191!

Sle ALS Googe pb Sige de asf Oly
If he gives him a contract to purchase his freedom for an unspecified
animal, the contract (kitabah) is permitted.

Se A olal Ng 5A date ey Jog Le asl Ol

If he gives him a contract to purchase his freedom for a garment, the type
of which is not mentioned [in the contract], it is not permitted, and [even] if
he furnishes it, he is not set free.

3) 9 clae Lal Of qay2 DL ioly ALS are OST OI s
Syl Sly er
If he gives two of his slaves a contract to purchase their freedom in one
contract!?'* for a thousand dirhams, if both of them pay, they are both set

free, but if both of them are insolvent, they are both returned to
slavehood.!?!8

Sil ey OF wwe Legis do| 9 AS 5| Ss Less Oh 9
S2l be ats 3 pk Le amy 9 lite gol lecly ALS

If he gives them a contract to purchase their freedom on [the condition]
that each of them is responsible for the other, the contract is permitted;

whichever of the two pays, they are both set free, and he resorts to his partner
for a half of what he [himself] has paid.

QS Sle are Sadng cadlicl gre adlQs J ght piel 31
When a master sets his slave who has contracted to purchase his freedom

free, he is set free with [the master’s act of] manumitting [him], and the
[payment of the] property of the contract is waived.

ALS Fent 3 SISU S ge Ob 13] 9

When the master of the slave who has contracted to purchase his freedom
dies, the contract for the slave to purchase his freedom is not rescinded.

a5) Saal AdiC| 53 cAeged Le J oll 33) 9 MSW alsa LS,
ALSO Je are dadng «gre Lee ogttel Sl 9 (Ams dau J

And it is said to [the slave who has contracted to purchase his freedom],
“Pay the property to the heirs of the master according to its instalments.” If
any of the heirs set him free, his being set free is not executed, but if all of

them set him free, he is set free and the [payment of] the property of the
contract is waived.

On the Umm al-Walad and Mudabbar being Mukatab

Sle re at Dhl ols Old jle Ws | Soll Calf 131 3
ASO

It is permitted if the master gives a slave-woman who is the mother of his
child (umm al-walad) a contract to purchase her freedom. Then, if the master
dies, the property of the contract is waived.!°'

Be cae Selb Ol lbh (262 are al&s Gs Is
4) So | caylee gents Cajpoee eld GI 9 LSI

If his slave-woman with the contract to purchase her freedom gives birth
by him, then she has an option:
If she wants she may continue with the contract to purchase her
freedom, or
She may declare herself insolvent and become a slave-woman who is
the mother of his child (umm al-walad).

CSS Lape al SE Ys dhl ok Ob Sle i pe IIT Is
AUS Sle arte sl teed 3B B a5 Ol oe IAL

If he gives his female slave who is to be freed upon his death
(mudabbarah) a contract to purchase her freedom, it is permitted. Then, if the
master dies and he has no property other than her, [then] she has an option
between:

1. Working for two-thirds of her [own] value, or

[For] the full property of the contract to purchase her freedom
’ (kitabah).

Be eae Delt S| LPN bg pod pe 2sI&s_»> 3} 5
Be Cybog ud Spe Geld Ol 9 LMI

If he decides that his slave-woman who has contracted to purchase her
freedom is to be set free after his death (mudabbarah), the act of setting her
free after his death (tadbir) is valid, and she has the option:

If she wants she may continue upon the contract to purchase her
’ freedom, or
If she wants she may declare herself insolvent and become one who is

2. set free after his death (mudabbarah).

Oh LBL (gb ad Se Vg Dhl OLS LS be cree Old
dam 3) tre Lge (BG ol USUI Sle 8b 3 ce Delt
Ble al az)

Then, if she remains on her contract to purchase her freedom and the
master dies without property, she has an option:
1 If she wants, she may work for two-thirds of the sum named in the
" contract to purchase her freedom, or

Two-thirds of her [own] value, according to Abu Hanifah, may Allah
have mercy on him.

B29 Se rgd 9 SH A Ske be one SIEM gre 131»
SVQ IN Fe SI 5 SI sol OB jhe one IT Ol gece
a} 0363 J oi SIS Be de GUI ol Oh 9 cS a ld gall

It is not permitted for a slave who has contracted to purchase his freedom
to set his [own] slave free upon [the payment of] property, and when he gifts
[him] in exchange for a consideration, it is not valid. It is permitted if [the
slave who has contracted to purchase his freedom] gives his own slave a
contract to purchase his freedom. Then, if the second [slave] pays prior to the
first being set free, his clientage (wala’)'°!” is for the first master, but if the
second [slave] pays after the first slave who has contracted to purchase his
freedom (mukatab) is set free, then his clientage (wala’) is for [the first].

YS) OLS
WALA’ — CLIENTAGE"”®

Vo ph NB c Sed BL MI LU ISs ca 05 98 aT gle lo SI seed 15)
Job bb asl ail
When a man sets his slave free, and likewise when a woman sets [a slave]
free, the clientage (wala’) of [that freed slave] is for [the master or mistress].
If he makes a condition that he is set loose [without wald’], then the condition
is void.
The clientage belongs to the person who sets [the slave] free.
Sige de GE SO! g cd gall o5N 99 Ge CSI ol 151 5
J Ml B) 3} o5¥ 58 J gM
When the slave given a contract to purchase his freedom pays off [his

dues], he is set free and his clientage is for the master. If he is set free after
the death of the master, then his clientage is for the heirs of the master.

AJ e509 s ool olgal g 09 ple gic J oll Cale \d\ 9

When the master dies, his slaves who were to be freed on his death
(mudabbars) and the slave-women who are mothers of his children (ummahat
al-awlad) are set free, and their clientage is his.

Joga gale Sie Oe amy I> Ne cyeg
Whoever acquires ownership of an un-matriageable relative (dhu rahm

mahram), he is set free from him, and the clientage of [the un-marriageable
relative (dhu rahm mahram)| is his.

589 FAN A ge GE ST Al Jey we 795 13s
Ye Lgh Lodl eps cele greg cute ell ye dole
Wg gl dru spe ATY gate tes Sle OW clul ace Jaen
Sy GF SBBLy cal Vy p> tell gill Ob cel Lgl ob 98

Mi dye dd

When the slave of one man marries the slave-woman of another, and the
master of the slave-woman sets the slave-woman free, and she is pregnant by
the slave (i.e. her husband), she [as well as] her foetus, are [both] set free.
The clientage of the foetus is for the master of the mother from whom it will
never be transferred. If she gives birth to a child after more than six months
of her being set free, then its wald’ is for the master of the mother, but then if
the father is set free, he draws the clientage of his son and it is transferred
from the master of the mother to the master of the father.

Lady M95 lag J D9 Gall ites peal Yee 9 8 Oe
EUS Se OY ge! Lastly! ly 0S UL War,

When a non-Arab marries a freed slave-woman of an Arab, and she gives
birth to children from him, the clientage of her child is for her masters,
according to Abu Hanifah and Muhammad, may Allah have mercy on them,
but Abu Yusuf, may Allah have mercy on him, said that the clientage of her
children will be for their father because the lineage is [linked] to the fathers.

92 eed ype dae Gaal) GIS OIE cand Sli edly
(pene il nd Cand oye dyee a) (SG OB care D9
The clientage of being set free is [subject to] consanguine orientation
(ta‘stb).'°'” Thus, if the freed slave has a consanguine inheritor in lineage, he

is the closest to him, but if he has no consanguine inheritor in lineage, then
his inheritance is for the one who set him free.'°!°

Sky 592 Doll 3 Sl ad GAM Ob 5 Ul Ok obs

If the master dies, and then later the freed slave [also] dies, the inheritance

of [the freed slave] is for the sons of his master not for his daughters.
9) (pes! iy ye) 9) ‘ “ae ls Y\ eY 4) iY Seth) ods
oe NOR? Oe 9? Op? oN HE pe HE og! gal
sgioas gx 3 pica SN

Women have no clientage except:

1. Of those whom they set free, or

2. Those whom they set free [in turn] set free,

Those whom they give a contract to purchase their freedom (kitabah),
Or

Those whom they have given a contract to purchase their freedom [in
turn] give a contract to purchase their freedom (kitabah), or

Those they declare to be free after their death (mudabbar), or

Those they declare to be free after their death [in turn] declare free
after their death, or

Who attract the clientage of someone whom they have freed, or

[Who attract the clientage] of the freed slave of someone whom they
freed.

= 2 St SS

09> pW Gall St rod GST ol ooh Lal cd ght 35 15) 9
ASD eB OY Ge

When the master [dies and] leaves a son, and the children of another
son,!’!¥ the inheritance of the freed slave is for the son [and] not for the
srandsons, because the clientage is for the eldest.

WShais Joa 9 aby SI de gg bey ty be dey phil 3] »
‘e eYSle cOY\ 9 9 one Wy Ss wll 3\ ‘o>
When a person becomes Muslim at the hands of a man and makes a treaty
of clientage with him that he will inherit [the new-Muslim] and [also] pay on
his behalf when he commits [an] offence, or he becomes Muslim at the hands

of someone else and makes a treaty of clientage with him, the clientage is
valid.

ars dol 543 Syly a] NMS
The legal responsibility [of the slave] is upon the master.'°*° Hence, if he

dies and has no heir, then his inheritance is for the master, but if he does have
an heir, then [the heir] has more right than [the master].

Jae |b care Jay J eone Sy ais Jay al galls
ont Sarr Yo J gem Gla 9 J aie
The master may transfer the clientage from himself onto someone else as
long as he has not acted as legally responsible for him.!°*! When he has acted

as legally responsible for him, then he may not transfer his clientage to
anyone else.

\ao| re oh adbeall CY gh pads

It is not [permissible] for the freed slave to enter into a treaty of clientage

with anyone.!°°?

JINAYAT — OFFENCES

Kinds of Homicide
Sol les Aas (dal Aung cet :do 9 Aue ss Bee)
Knee Jail y clad ic 2
Homicide is of five types:
1. Intentional (‘amd or ‘mens rea’),
2. Quasi-intentional (shibh al-‘amd),
3. Unintentional (khata’),

4. A semblance of unintentional homicide (md ujriya majra al-khata’),
5. Homicide by accidental cause (gatl bi as-sabab).

BON BF Goel le gl Cry 4 po Aad be reall
a 949 Mg padly GAD ys ell cela gp
43 BUS Vy colds pay OI V cogil y SLL US

Intentional [homicide] (gat! al-‘amd) is when one intends to strike [the
victim] with a weapon, or with that which is a substitute weapon [used] in
severing limb from limb,!?*° like a sharpened piece of wood, stone and fire.
The consequence of that [action] is sin and retaliation (gisds), unless the heirs
(the walis entitled to exact retaliation) forgive [him], and there is no expiation
for it.

pad beats Ol dbs al ary dice Gl re saad andy
13) SLs al gery WSs col Spel be Vy cede und Le
heal| auby Wee 94d adic Aude | cqde prow a pe
SUL yg fo LS im gag AE Jas Y Le ay pd deat I

Alsla)| |e alalas 2 ds> 439 6298 V9 cd) LAI

Quasi-intentional [homicide] (gatl shibh al-‘amd) — according to Abu
Hanifah, may Allah have mercy on him, is that one intends to strike with that
which is not a weapon nor a substitute for it. They,'°** may Allah have mercy
on them, however, said that when one strikes another with a large stone or
with a large piece of wood, then that amounts to intentional homicide, but
quasi-intentional homicide is when one intends to strike [the victim] with that
which does not ordinarily kill. According to both sayings, the consequence of
that [action] is sin and expiation, and there is no retaliation for it. There is
[however] severe compensatory payment (diyah mughallazah) for it, due
from those legally responsible (‘dgilah).'°*°

Lease sey Ol: gg cadll 3 leds «geal a 155 lays ak,

Lud!) nya’

Unintentional [homicide] (gatl al-khata’) is of two types:

1. Mistake in purpose (khata’ fi al-qasd): that is when one shoots [an
arrow or other object] at a person believing him to be game, but it was a
human, and

2. Mistake in act (khata’ fi al-fi‘l): that is when one shoots [an arrow, etc. |
towards a target and it hits a human.

a8 le Yo Als la) eo ANSI 9 BESS :O5 WA 949

The consequence of that [action] is expiation, and a compensatory
payment (diyah) by the group legally responsible (‘agilah), but there is no sin
for it.

Abad Joy de lis SUI Jee Ld ge gel by

That which resembles unintentional [homicide] (gatl md ujriya majra al-
khata’) — like a sleeping person who turns over [in his sleep] onto a person
and kills him. The legal ruling for this [type of homicide] is the [same] ruling
[as that] for unintentional [homicide].

ADs 6 Bed ology AN BES ee el Lely
ahs BLS Vo cAlblad! be dsl: ol ad Cal 15) aim gag

Homicide by accidental cause (gatl bi as-sabab) — like someone who digs
a well and the one who places a rock inside the property of another. The
consequence of this [action], when a human perishes on account of it, is
compensatory payment (diyah) upon the group legally responsible (‘aqilah),
and there is no expiation for it.

Qisds (Retaliation; lex talionis) for the Loss of Life
Jas Jo5 15] welll Je pall gt IS Jab Cols yolaill

Retaliation (gisds) is obligatory for the killing of everyone the bloodshed
of whom is to be prevented (mahqun ad-dam) forever, when someone kills
[him] deliberately.

cdl dally HL dally ctl tly Ah 31 Jae »
BMG Jo Jas 9 geld heck! Jab Yo cll phadl
Spyly eT telly «pall pS
The free man is killed [in retaliation] for [the killing of] a free man, a free
man for a slave, a slave for a free man, a slave for a slave and a Muslim for a
person of the non-Muslims living under Muslim governance (dhimmi). The
Muslim is not killed [in retaliation] for [killing] someone assured of

temporary protection (musta’min). A man is killed for [killing] a woman, an

adult for a minor, the sound of health for [killing] the blind and chronically
il} 192°

Vy cAglRe Vy opts Vy coy Vy cau Jed! Job Ye
oN de

A man is not killed for [killing] his [own] son, nor for his slave, his slave
who is to be set free after his death (mudabbar), his slave whom he has given
a contract to purchase his own freedom (mukatab) or for his son’s slave.

Jain dul Js leles 79 C9

Whoever inherits retaliation (qisds) against his [own] father, it lapses.10°’

al YT] peledll 8 st Vs
Retaliation is not to be carried out except with a sword.'°*°
yabeail ald DMV Saylg a} ued 9 hres SISA Jo 151 9
eh eld WD ol pe arly geld Ia! yes de J Ol
J ght asl gacim! Oly

When a slave who has a contract to purchase his own freedom (mukatab)
is intentionally killed, and

He has no heir but the master, [the master] has the right of retaliation

tig [the mukdatab] leaves no payment [for the contract of kitabah],'°*?

If he does leave a payment [for the contract of kitabah] and his heir
2. is someone other than the master, then [the heirs] have no right to
exact retaliation, even if they unite with the master.

cals act > celadll 2 Y gal as 8 My
of Aly
When a slave who has been pledged is killed, retaliation is not obligatory
until the pledgor and the pledgee unite.‘°°”

bd Ob ge Bld ole Jp gli lass ey Ct Gs
elas
Whoever injures a person deliberately, and [the victim] remains
disabled!°! until he dies, then [the offender] is liable to retaliation.
Qisas for the Loss of Bodily Organs
Je N DIS 9 cody Caled Jpaell je bras ont ty abed pes

Whoever deliberately amputates the hand of a person from the joint, the
hand of [the offender] is amputated, and likewise the foot, the flexible part of
the nose!9°* and the ear.!°°°

BENE SIS OI cade Golad Mo galdd Ney He pe cyeg
Agm9 be bre 3 Ol a) ee : yo laall Ade lee 92 Wd59
Langer amy, goth Sane ylitye dy ole

Nae!

Whoever strikes the eye of a person and [thereby] knocks [the eyeball
from its socket], there is no retaliation (gisas) against him, but if it remains
[in its socket] and its [sense of] sight is lost, then he is liable to retaliation.
[As retaliation] a mirror!°** is heated for him, some moist wool placed on his
face and his eye made to face the [heated] mirror until its [sense of] sight
goes.

ete! ol bs
There is [the right of] retaliation for teeth.
ve ladll BLU gd GAs dat IS bs
There is retaliation in every head wound (shajjah) for which a
corresponding [retaliatory wound] is possible.
CH BY! ee 8 Uebeb Vy
There is no retaliation for bones other than for the teeth.
Wes si ee ge il der and patil 99 Led pls
There is no quasi-intentional (shibh al-‘amd) [crime] in [anything] other
than for [taking a] life (nafs); it is either intentional (‘amd) or unintentional
(khata’).'°%°
he Vy gat 92 LS BL My Jel Oe Yeled Yo
Cede! On Ve hell
There is no retaliation between a man against a woman for [anything]

other than [taking a] life, nor between a free man and a slave or between two
Slaves.

pI, wlll LY 8 eladll os»

[The right to] retaliation is obligatory for limbs between a Muslim and a
disbeliever.

lgue | pd dle a> > ol ASL) aad (ye Noy Hy alad Spe
ade ola 0B

Whoever amputates the arm of a man from the middle of his forearm, or
injures him in the body cavity (ja’ifah) and [the victim] recovers from it,
there is no retaliation against [the offender].

das ol SLi cblal Wo 9 doo & shall wy LAS 13\ 9
a egg Vy yall a3) abed cL | IDL ¢ seal ney
WIS SWI SET LE Og clays

If the hand of the amputee!?°° was fine, and the hand of the person who

amputated it!°%’ is crippled, or its fingers are defective, then the amputee has
the option:

If he wants, he may sever the impaired hand and he is not entitled to
anything other than that, or

2. If he wants, he may take full compensation (arsh).
AF gad Y cg AS 3 Oy le dot Hae gteld Shey rt es
Nas Gal clo O) IAL 7g etl cL G8 Oy bs
MAS Sy IST LE OL g cold SIL ol ye toute catont

Whoever causes a head wound (shajjah) to a man and that head wound
comprises that which is between both the sides of [his head] but it does not
comprise that which is between the two sides of [the head of] the one who
inflicted the head wound,!°"* then the victim of the head wound (mashjij)
has the option:

If he wants he may take retaliation according to the amount of his
1. [own] head wound, beginning at either of the two sides [of the head]
that he wants, or

2. If he wants he may take full compensation (arsh).
AatDN alas NY] < SH 3 Vy OLB! 3 poled Ys

There is no retaliation for the tongue nor for the penis, unless one
amputates the head of the penis.!°°"

gelaal Ltn Sle je Jotall Wel lal rhlaral \5\ 3
el oY elS isl t>| las Oo AS ry NWS We « SUN > 9 9

celts! oye WOW ge tate page de dad jy coke
AN) 8 ge ab OSs

When the murderer makes an agreement with the heirs of the murder
[victim] for [the payment of] some property, the retaliation lapses and the
property becomes incumbent [to be paid by him], be it little or much. Thus, if
any of the partners [to the right of retaliation] forgives the killing, or
negotiates a settlement for his [own] share for a consideration, the right of
retaliation for the remainder [of the heirs] lapses, and they are [only] entitled
to their share of compensation (diyah).

gant (ye yal lee lal y dele 3 151 ¢

When a group [of people] intentionally kill an individual, retaliation is to
be applied to all of them.

Ys egicled 3 CW geal elidel aod dele sols \n3 (31
OSL go Ladng ad JB gio rely pam OG ANS pe phe ct

When an individual kills a group, and the heirs of the murdered [victims]
appear [for their rights], he is to be killed for all of them and they are not
entitled to anything other than that,'°*° but if [only] one of [the heirs]

appears, [the offender] is to be killed for him [only] and the right of the
remainder [of the heirs] lapses.

yolad)| ais Ldn Old poled! ale omy yes
Against whomsoever gisds is obligatory [to be executed] and he dies, the
retaliation lapses.
dole JS de poled 1 sols Jey 2 OMe, ne I>}
A) aya Lege 9 legis

When two men amputate the hand of one man, there is no [right of]
retaliation against either one of them, but they are each liable to a half of the
compensatory payment (diyah).

cody Lala OT Lagld cL pans Giley gat daly glad ols
oly pam OU ccadead Uelaeatiy 9 dy) Laas are (dL g
Ay) dead ale 5 U8 on plats Lens

If one man amputates the right hands of two men, and both of them appear
[to claim their rights], then both of them may amputate his [right] hand, and
[also] take a half of the compensatory payment (diyah) from him, which they
divide [between] themselves in two halves. But if [only] one of the two
appears and he amputates the hand of [the offender], then the other may
claim a half of the compensatory payment (diyah) from him.

gil Aaj) Aeadl Jad Al 31131 9

When a slave confesses to intentional homicide, then retaliation is binding
against him.

aglad LS 31 S) ave aged! 423 lass Mey 2) Gey

aclble Je GU 2sSty J a yelaill

Whoever deliberately shoots [an arrow, etc.] at a man, and the arrow

passes through him and pierces another man [also] and they both die, then he

is liable to retaliation for the first [victim], and the compensatory payment

(diyah) for the second [victim] is due upon the group who are legally
responsible for him (‘dqilah).'°*"

DIYAT — COMPENSATORY PAYMENTS FOR
CRIMES

BUS ale g dlalacdo ailile Jad rec aut Moy Joy Jx5 151

When a man kills [another man] quasi-intentionally (shibh al-‘amd), then
the group who are responsible for him (‘agilah) are liable for a severe

compensatory payment (diyah mughallazah), and [the offender] must make

expiation.1°7

SUS al gery ay ly dase Gl ue soll ab dos
Leb! bY gy BL
According to Abu Hanifah and Abu Yusuf, may Allah have mercy on

them, the compensatory payment (diyah) for quasi-intentional (shibh
al-‘amd) homicide is one hundred camels of four types:

gd Se Oa peg erty pele Ce 09 ey ne
AES 9 pg dry Adm Oo eg hy

Twenty-five camels that are daughters of a pregnant camel, and that

ve have begun their second year (bint makhad),

9 Twenty-five camels that are daughters of a suckling camel, and that
’ have begun their third year (bint labun),

3 Twenty-five camels ready for riding and carrying loads, and that

have begun their fourth year (higgah), and
4. Twenty-five camels that have entered their fifth year (jadha‘ah).

KE Cpe HL 928 O18 cyol> YI 3 Yi) Sede cu Vy
alas 3 LY!

Severity (taghliz) [in compensatory payment] is not established [in

anything] but camels. Thus, if judgement is given [to pay] the compensatory
payment in something other than camels, it is not [regarded as] severe
(mughallazah).

JAD fe BUD y AL Jo Awl ey GF LLII WS by
[With regards to] unintentional homicide (gatl al-khata’), compensatory

payment for it is incumbent upon the group responsible for the person who
committed the homicide (‘aqgilah) and expiation is binding on the killer.

PE See Oo phe LULAT LY ye BL Med 3 Aull,
Alm OG pa&y 6g ew D9 prFy (gels cp! OG pF 9
Atle ) 9 hey

The compensatory payment (diyah) in unintentional homicide ([{gatl] al-
khata’) is one hundred camels of five types:
Twenty camels that are daughters of a pregnant camel, and that have

- begun their second year (bint makhad),

9 Twenty male camels that are sons of a pregnant camel and that are of
"one year’s age (ibn makhad),

3 Twenty camels that are daughters of a suckling camel, and that have
’ begun their third year (bint labun),

4 Twenty camels ready for riding and carrying loads, and that have

begun their fourth year (higgah), and
5. Twenty camels that have entered their fifth year (jadha‘ah).
rae SITE be By gl gay leo al Gall as
In gold, [it is] one thousand dinars, and in silver, [it is] ten thousand
dirhams.
as} Ano 3 ake a3 3) \ £1 iT Paws iY Yi dy J 4 es Yo
O39 60 pe Sle pal C43 Ube > JL al) | Ler) DAC (JL als |
Ob gi Ae JS cde Ws WA 309 LE WI ol

Compensatory payment (diyah) is not established except with these three
categories, according to Abu Hanifah, may Allah have mercy on him, but

they,!°*? may Allah have mercy on them, said regarding that, “[It is] with

them (camels, gold and silver) and with cows, [it] is two hundred cows; in
goats and sheep (ghanam), two thousand goats or sheep and in clothing, two
hundred sets of clothing (hullah) where each set of clothing is of two
garments.” 1044

oN SWI By ALM add) By cel per godly plu! doy

duly ip 13) Jill 9 Awl SH S5 Awl OLB Bs

39 Ad C5 lb Calle 15) Aol B 9 all abis Gadd

2.) lM jad

The compensatory payment (diyah) for a Muslim and [for] a non-Muslim

living under Muslim governance (dhimmi) is the same.'°*° For [taking] life
[there] is [payment of] the compensatory payment.

Organs of the Human Body of which there is Only
One

For the cartilage of the septum [there] is [payment of] the

m compensatory payment,

2. For the tongue [there] is [payment of] the compensatory payment,
3. For the penis [there] is [payment of] the compensatory payment,
4

For the intellect, when one strikes someone’s head and his intellect
goes, [there] is [payment of] the compensatory payment,

For the beard, when it is shaven and does not grow [again], [there] is
[payment of] the compensatory payment, and

For the hair of the head [there] is [payment of] the compensatory
payment.

Organs of the Human Body that Exist in Pairs'’*®

39 2) pad G9 cl Gell B 9 cl neh 3s
CRE B 9 dash eds Bg Asal GSS Bg Aral Gwe I
cLsy pews op A>\ 9 SS 33 cau JJ S| A ped 33 40 JI

Ay 3S) Gaya

1. For both of the eyebrows [there] is [payment of] the compensatory

payment,

2. For both of the eyes [there] is [payment of] the compensatory
payment,

3 For both of the hands [there] is [payment of] the compensatory

‘payment,

4 For both of the feet [there] is [payment of] the compensatory
payment,

5 For both of the ears [there] is [payment of] the compensatory

‘payment,

6. For both of the lips [there] is [payment of] the compensatory
payment,

7 For both of the testicles [there] is [payment of] the compensatory

‘payment,

9 For both of the breasts of a woman [there] is [payment of] the

compensatory payment, and
for each of these parts [there] is [payment of] half the compensatory

payment. 1047

Organs of the Body, or other Essential Parts, of
which there are More than Two
al JS G3 cay J iJ LP rm (38 cay JN Crus jedi 33
cele LIS abet all he We tls gad! abel o
ered) 22 EE Late! 2b belie BU ed arvel IS Bs
awed dys Vaya LP | 23 OMuads bd ley
For the eyelashes of both eyes [there] is [payment of] the

1. compensatory payment, whilst for each of them [there] is [payment
of] a quarter of the compensatory payment,

For each of the digits of both hands and of both feet there is [to be
2. paid] a tenth of the compensatory payment, all of the digits are
[deemed to be] the same,

For each digit in which there are three joints,'°*° for each of them

there is a third of the compensatory payment of the [full] digit,
For that [digit] which has two joints,!°*? for either of the two [joints]
there is due a half of the compensatory payment of the digit.
eg LIS pel poy Slee y LY Ge at Gee IT bs
For each tooth there are due five camels [as compensatory payment], and
the incisors and the molars are all [deemed to be] the same./2°2
cAabed SUS abl dys aukd aradie 035 | ae pe Sag
Lae go Cid 131 dl g Le 13) IS
Whoever strikes an organ [of the body] and he removes its [functioning]
capacity, then for it there is due one full compensatory payment, just as if he

had amputated it, such as the hand when it is crippled, and the eye when its
[sense of] sight goes.

Compensatory Payment for Wounds
aclily Aplwly dally Ae! ote cltsly
da \ ALAM AeclAl (dou. oll» (Glrraudl ¢ APM 4

There are ten kinds of head wound (shajjah):

Where the skin is ruptured but no bleeding occurs (harisah or
khafifah),
Skin is ruptured and blood emerges but does not flow (dami‘ah),

Skin is ruptured and bleeding occurs (damiyah),

Cutting or incising the flesh without exposure of the bone
(badi‘ah),

Lacerating the flesh (mutalahimah),

When the wound touches the pericranium (simhdaq),

Exposing the bone but without fracturing it (mudihah),

Fracturing the bone but without dislocation (hashimah),

eS Se Se eS

Fracture and dislocation of the bone (munaqgilah),

Fracturing the skull and the wound touches the membrane of the
brain (ammah).

—
=

duds & poled Vy clase CIS O) Usladll dedoll 28
For exposing the bone but without fracturing it (mudihah) there is

retaliation, if it was intentional, and there is no retaliation for the remainder
of head wounds.

Jae da gKm 4.25 dod sll 599s 3 9

For whatever is less than a wound exposing the bone but without
fracturing it (mudihah) there is the ruling of an honest person.'°°!

Ay pe Caged les CAI 3] dono oll 3s

For exposing the bone but without fracturing it (mudihah), if it was
[committed] unintentionally, there is a half of a tenth of the [full]
compensatory payment.!?°?

AW) pbs deSlbl 3 9
For fracturing the bone but without dislocation (hashimah) [there] is [due
payment of] a tenth of the compensatory payment.
AM pte twig pic Alall 3
For fracture and dislocation of the bone (munaqgqilah) [there] is [due
payment of] a tenth plus a half of a tenth of the compensatory payment.!°°°
ANI EG del 3 9

For fracturing the skull and a wound that touches the membrane of the
brain (ammah) [there] is [due payment of] a third of the compensatory
payment.

ASIA gues Sheil 298 dG SU AWE ALL 8s

For a wound which penetrates into the inside [whether through the chest,
belly, back or sides] (ja’ifah) [there] is [due payment of] a third of the
compensatory payment. If it pierces [through to the other side], then that is
two j@’ifah wounds,'°°* for which [there] is [due payment of] two-thirds of
the compensatory payment.

Compensatory Payment for
Amputation/Dismemberment

4) aad AN abel 3»

For [all] the fingers of [one] hand [collectively] [there] is [due payment
of] a half of the compensatory payment.

head pe gabe S| 9 Apa)! pad Lena ASN! ae Yad Ob

de Km Bal, 3M 3.9 cA) da SN 9 led ab etl

Jue da ghe 5.51531 are! Ba Sure

Then, if someone cuts them off along with the palm [of the hand], then
[there] is [due payment of] a half of the compensatory payment, but if he cuts
them off along with half of the forearm, then for the fingers and the palm
[together] [there] is [due payment of] a half of the compensatory payment,

and for the excess there is the judgement of an honest person. For any
additional finger there is [also] the ruling of an honest person.

Jas asim aioe pl I) oS 39 adludy call ne do

For the eye of a minor, his tongue and his penis, when its soundness is not
known, there is the ruling of an honest person.

Ly) Joo duly jad gl abs add dodge Mey cb yey

Adlad 42S gl ones gl Anew md Oly Awl & dodolll
Al ae dowd ght 4)|

Whoever wounds a man exposing the bone but without fracturing it
(mudihah) and his intellect is lost, or the hair of his head [is lost], the
compensation (arsh) for mudihah will render into [the full] compensatory
payment.!°°° If his [sense of] hearing, his sight or his speech perish, then [the

liability for] the compensation (arsh) for mudihah will be upon him, plus the
compensatory payment (diyah).'°°®

Wp A begets ete J) GT LES Joy are! aed oe
SLs al aay dice Ul ue 43 ool ed

Whoever cuts a finger of a man off and the other [finger] next to it is
crippled, then for both of them is compensation (arsh), and there is no
retaliation for it, according to Abu Hanifah, may Allah have mercy on him.

| eds og S| LR ad Joy ye alad ys

Whoever breaks the tooth of a man and another one grows in its place, the
[right of] compensation lapses.

pb ody BI Sy) 9 Bo BI eed ey ob yey
aug gi) Sy SLs alll ary dave Gl ve OVI i
adhe : SS Wl ary oe Sy JM Syl ade tls Wary

audsd| 5 >I

i mak

Whoever wounds a man and the wound heals in such a way that no sign of
it remains, and the hair has grown [again], the [right of] to compensation
(arsh) lapses, according to Abu Hanifah, may Allah have mercy on him, but
Abu Yusuf, may Allah have mercy on him, said that [the offender] is liable to
pay compensation (arsh) for the pain [caused to the victim], and Muhammad,
may Allah have mercy on him, said [that he is liable for] the doctor’s
charges.

Ie gm Ae path, J dole ey coe sy
Whoever inflicts a wound on a man, [the offender] is not retaliated against

until it is healed.

Compensatory Payment for Homicide and the
Legally Responsible Group (‘Agilah)

Laing Ay had co pS JS Lad aed 95 ad Jory sb abe yes
AM AL> 9 paid Apo Gly Abed ald ie» Ig od! UHI

Whoever cuts the hand of a man off by mistake, then later kills him by
mistake prior to the recovery of the wound, [full] compensatory payment
(diyah) is due from him and the compensation (arsh) for the hand lapses. If
[the wound] heals, and then later [the offender] kills him, he is due [to pay]
two compensatory payments (diyah); one compensatory payment for the life

and one compensatory payment for the hand.
9 «VID Se SANE Ags pled ad hin ws Ss
SUBI Jbe b 568 LAY s chad Coy
Every intentional homicide ({gatl] al-‘amd) for which retaliation lapses
due to doubt (shubhah), the compensatory payment is [taken] from the
property of the murderer, and every compensation (arsh) which is incumbent

because of [compounding] a negotiated settlement or confession is [taken]
from the property of the killer.1°°’

(pew EG 8 able 3 ANB lee at GN Jo 134 9
When a father intentionally kills his son, compensatory payment is [taken]
from his property within three years.!?°°
alle Je Gre Vy dle dg SUI LY, Biel dle JSs
Every offence to which the offender confesses is [a liability paid] from his
[own] property and it is not assigned to the group responsible for him
(‘agilah).
ABS Jo Sl dy Aad J gindly pall Woe
The intentional [killing] by a minor or insane person is [regarded as] being
unintentional (khata’), and for it there is compensatory payment due from the
sroup responsible for him (‘dagilah).
Wy lsd cl rm ary gh ecpelull 5 sb BL o> Oey
Ale 8 Lead dary a Cali! g carldle Je ans QLsl
Whoever digs a well in the passageway of Muslims, or places a rock
[there], and a person perishes due to it, then his compensatory payment is due

from the group responsible (‘agilah) for [the offender]. If an animal perishes,
then its compensation is from the property of [the offender].

end Skis! fe eto ll ne shlity) Sb Ge lols
Valo ASI Sle le dS Vocaddle le awh
wt! elog AN Ble de B15 Vy de &

If one makes an aperture or a gutter!°°’ towards a [public] passage, and it

falls on top of a person and he perishes, then his compensatory payment is
due from the group responsible (‘agilah) for him.

There is no expiation due the digger of the well, or [on] the one who
places a rock [in the property of someone else].!°°°

Cpr, J Glad] 4) Gland ae 3 | jo pd yay
Whoever digs a well in his [own] property and a person perishes in it is
not liable.
Offences by Riding Animals
4\ Lode axle leg Ayla th | UW Cpe S| Me
NG gh C51) OW AgSS gl ele py eee Le pads Vg ees
zd OL! 2 esd & IIB

The rider [of a mount] is responsible for whatever the mount tramples on,
[for] whatever it knocks with its foreleg or [for] whatever it chews [with its
mouth], but he is not liable for what it touches with its hind legs or with its
tail. If it defecates or urinates in the path and a person perishes because of it,
[the rider] is not liable.

UW sols Sly Uyley ol lay GoleI U cule SLI,
gle 599 laay Colel

The driver is responsible for whatever [the mount] touches with its
foreleg, or [with] its hind leg, and the man who leads [animals by a halter] is
responsible for what [the mount] touches with its foreleg, [but] not the hind
leg.

ber DE SLs ane GIF G1 Ug U ole gg3 | lL a5 son

Whoever leads a caravan is responsible for whatever it tramples on. If he
has a driver with him, then the liability falls upon both of them.

Offences by Slaves
40125 gle ands Sl Lal sgh 3 las dol> deal) gm Id\ 9

When a slave commits an offence unintentionally, it is said to his master,
“Either:

1. You hand him over for that [offence], or
2. You ransom him.”

Lgtyh clad lad O} y ALL Dy ale ands OV

If [the master] hands him over, the person responsible (walt) for [seeking
redress] for the offence acquires ownership of him. If [the master] ransoms
him, he ransoms him with the compensation (arsh) for [the offence].

al Re Ag ALL SS IT god ole OF
If [the slave] returns and offends again, the legal ruling of the second
offence is [the same as] the legal ruling of the first.
Aileitly Wolidl dy Vandi SIL eel US Gele go JY
agie Bale IS igh yas GILL y cLagdgion yd Je
If he commits two offences, it is said to his master, “Either:

You hand him over to the persons responsible (wali) for [seeking
1. redress] for the two offences, who divide him according to the
amount of their rights, or

You ransom him with compensation (arsh) for each of the two
[offences ].”

oe BN Dhl ye ALLEL ple Y gay ch gli aitel of »
gel yay aeed
If the master frees him unaware of the offence, the master is liable for the
lesser of his value or the compensation (arsh) for [the offence].!°°!
GEN adhe Cog ALLL lal uy attel slack ol s
If he sells him, or frees him, after coming to know of the offence, [the
payment of] compensation (arsh) is incumbent upon him.
ated ye BSI Lgl Gad dslin all ol sh pall go 1315

Les! Seg

When a slave who is due to be freed on the death of his master
(mudabbar), or a mother of her master’s child (umm al-walad), commit an
offence, the master is liable [to pay] the lesser: their value or the
compensation (arsh) for [the offence].

SIN Dp G} ated Doll abo aby GST dle Ge Ob
SIV ALE Dy Ag LLL Dy ace g ale ect WU clad
bMb Led pa deri! ado dhl lS O} y HEIL SLES

SALLI Sy edt LE Ly dll asl elt gf SILL

If they commit another offence, and the master had already paid their
value to the first person responsible (wali) [for the first offence] due to a legal
decision, then there is nothing [as liability] upon him. The person responsible
(wali) for [seeking redress] for the second offence pursues the person
responsible (wali) for [seeking redress] for the first offence and shares with
him in what he has taken. If the master had paid the value without a legal
decision, then the person responsible (wali) [for the second offence] has a
choice:

1. If he wants, he may seek redress from the master, or

If he wants, he may seek redress from the person responsible (wall)
for [seeking redress] for the first offence.

Leaning Walls and Killing Slaves

Atv aole Sod politi g b dN bLI Jk lil,
fy dade Jo 4B fe pAb bre 3 aly (ld ade agtly

Js gh add ye ye AG Ls

When a wall leans over the path of Muslims, and its owner is demanded to
demolish it, and [the demand] has been witnessed, and he does not demolish
it within a period in which he could have demolished it, until it falls, he is
liable for whatever perishes due to it, be it of life or [of] property.

> 3\ ohne aati, asl» 3! 6 gine 9

It is the same whether a Muslim demands its demolition or a non-Muslim

living under Muslim governance (dhimmi).

If it leans towards the house of a man, then the demand [for its demolition
or reparation] is only vested in the owner of the house.

EM do leu sols JF Alle Bod GUS Gly’ ptlael |3\5
If two horse-riders!°°* collide and both of them die, then the group
responsible (‘agilah) for each of the two is responsible for [payment of] the
compensatory payment for the other.
YTS phe fe ob Y ated aded Les Me Joy JS IS
abe 528 ATI | gay> GY Bde ated CIT OM cgays
Awd AN he Lgrend Cot) 13] Le bg cB he S| GNTS ha
b pte SI) YT
When a man kills a slave unintentionally, he is liable for his value, and it
shall not exceed ten thousand dirhams. If his value was ten thousand dirhams
or more, judgement is given against him for ten thousand less ten.!°°% [With
regards to] the slave-woman, when her value exceeds the [amount of]
compensatory payment (diyah), five thousand less ten is incumbent. !°*

dnd WG AE Je oljy cated th soll by 39

For the hand of a slave there is due a half of his value, and it shall not
exceed five thousand less five.'°°°

dea) ded je pdds 948 31 dso ys pad be JS

All that which is taken into account in the compensatory payment for a
free man, it is [also to be] taken into account in the value of the slave.

BaD g Bb agdad lige Le CAN BI ysl ghey Joy Grp IS s

=
iol

Oh 9 ALIS yo 4g le i Le adi OW Al phe aed
ye add SSL Os Byb 9 p> aed SY OSL oS liye anal

gob bog

When a man!°° strikes the belly of a woman and she miscarries the
foetus, then he is liable for ghurrah; ghurrah is a half of the tenth of the
compensatory payment (diyah).'°°’ If she delivers it alive, and then later it
dies, there is full compensatory payment (diyah) for it. If she delivers it
stillborn, then later the mother dies, compensatory payment and ghurrah are
[both] due upon him. If she dies, then later delivers it stillborn, there is
nothing for the [delivered] foetus [as liability].1°°°

as 29) go ntl § us ley

Whatever is incumbent for the foetus [as compensation] is for his heir.'°°"

Am IS gb ated be i 153 UIT I A re Bs
SI OW Slated bey

[With regards to] the foetus of a slave-woman, when it is a male,
[compensatory payment (diyah) is] a half of the tenth'?”°
alive, and a tenth of its value if it is a female.

of its value if it was

Ot! BOLUS Vy
There is no expiation for [the death of] a foetus.
dog, J OW Ainge 3) gre Wed y sadll ad BHU,
eleb yl ed C5 Vo crs 2 ne ele
The expiation in quasi-intentional (shibh al-‘amd) and unintentional (al-
khata’) [homicide] is to free one Muslim slave, and if he is not found, then to

fast two months consecutively [as expiation], but feeding [the needy] is not
sufficient for it.

Asli) Ol
QASAMAH — COMPURGATION BY OATH
Dg lotenl lS sys ple Vy AE S Jed! doy 151s
(Sls MG 4S Leck Vo old Lb aL BoM payee eee Mey
AN dbodl Jal Je (925 | pile

When someone is found slain in a locality and it is not known who killed
him, fifty men, whom the heir [of the slain man] (wali) chooses, are made to
Swear an oath: “By Allah! We did not kill him and neither do we know of his
killer.”

When [after] they have sworn, compensatory payment (diyah) is adjudged
to be due from the people of the locality.'°”!

ale O) p ALLL ale pat Vo dab Vo

The heir [of the slain man] (wall) is not required to swear [the oath] nor is

he adjudicated against with [respect to] the offence, even if he does swear
[the oath].

A o> em agi toly al ols

If any of them refuse [to swear the oath], he is taken into custody until he

swears.
D get oy o> gle OK Sy S ded Jal eS Joly
Mia

If the people of the locality do not complete [the quorum of fifty], the
oaths are repeated amongst them until they complete fifty oaths.

use Yo al yal Yo Op Yo ue olual 3 Jeu Vo

Minors, the insane, women and slaves are not included in the
gasamah.'°’4

NF S| WSS cass Vo deli WE SIY cus dey Sly

gh ame Oe 7% OW Oe Asd ghey gl aiil yo Jaue ell

Jo3 998 4551

If a dead [body] is found, and there is no sign upon it,'°’° there is no

gasamah or compensatory payment (diyah) [for it], and likewise if blood is

pouring from his nose, his behind or [from] his mouth. If, however, [the
blood] is emerging from his eyes or his ears, then he has been killed.

Oger adele fe ane Joy equ alo be jrall reg !5! 9
Aloj\ jl
When a slain person is found on a mount which a man was driving, then

compensatory payment (diyah) is due from the group legally responsible for
him (‘aqilah) not from the people of the locality.

alle Je dy ade LD GLI! slob Jad wey ol s
If the slain person is found in the house of a person, the gasamah is due

from [the occupier of the house] and compensatory payment (diyah) is due
from the group legally responsible for him (‘aqilah).

Bolg gis ob she coe AEM 5 g0 dad Jal be m9 She
Lessees shall not enter the gasadmah with [the presence of] landlords,
according to Abii Hanifah, may Allah have mercy on him.!?” It is due from

the original authorised settlers (ahi al-khittah) and not buyers,'°”’ even if
[only] one of them remains.

ISS oe Led ge de AelLdb dna B Jal tog dls
SoU g
If the slain person is found on a boat, the gasdmah is due from whomever
is embarked [on it] and the boatmen who are in it.
Lghal fo deLidl ale tone bey Ol g

If he is found in a locality’s mosque, the gasadmah is due from the
inhabitants of that locality.

Ay cad Aalid 3 bac! f sLEN gh eat Brey Sls
JUN oo de

If he is found in a congregational (jami‘) mosque, or [in] a main road, then
there is no gasamah in it, and the compensatory payment (diyah) is due from
the public treasury (bayt al-mal).

OR to9 Ol 9 ot 92 OLE Yh Hd & » Brea dy
lec il de OF om 5
If he is found in the wilderness where there is no building close by, then
he is not to be retaliated for and it goes uncompensated (hadar). If he is
found between two villages, [the gqasamah] is due from the closer of the two.
SIS OB pre 9¢d UY. 6 Lal Leng B seg Oly
ISN NS oye Spill 8h fe 9g - LIL Line
If he is found in the middle of the [River] Euphrates!°’”° and water is
flowing over him, then he is not to be retaliated for and it goes

uncompensated. If he is held to the bank [of the river], then he is [the
liability] of the closest of the villages to that place.

A aay dod Jal ye oly de Soll D3 Geol oly
Sleds Be ys Joly MS £2) Ol g cegie daludll dei5
Ac.) ror
If the heir [of the slain] (wali) accuses one specific person of the people of
the locality with murder, the gasamah does not lapse from [the other people

of the locality], but if he claims [the murder] against someone other than [the
locals], qasamah lapses from them.

Yq 2b ke Vl» Cale! «GMa ald» Caled JUS 15]
COMa_ pe WI ad Cale
When the oath-taker says, “So-and-so killed him,” he is made to swear an
oath: “By Allah! I did not kill [him] and neither do I know of his murderer,
other than so-and-so.”
AA ail ape je Jey Ne Aled Jal ye ObS ag4 131 9
legates ei

When two of the people of the locality testify against a man, other than
[the locals] that he killed him, their testimony is not accepted.

JsLM OS

MA‘AQIL — PAYERS OF DIYAT/THE LEGALLY
RESPONSIBLE GROUP

fe ea andy Cey Leo JS clad ty wedi ad 3 Sul
Als ls)
Compensatory payment (diyah) for quasi-intentional ([gatl] shibh
al-‘amd) and unintentional ([gatl] al-khata’) [homicide] and every
compensatory payment that is incumbent due to homicide itself,'°’’ are due
from the legally responsible group (‘agilah).
JSS cdl ell Sal oe BI SIS Sl Ol gw fol ABI,
The ‘agilah are the people of the register (diwan) (of military
personnel)'°”® if the killer is from the people of the register; [the diyah] is
taken from their wages over three years.
gee JST SST gl Ge EU ye 571 3b Libs oe > Ol
If the wages are paid in more than three years, or less, it shall
[nevertheless] be taken from them.
B eggle Land ol, 5 able Oly! Jal ye 9 3 oy
ges (ate 9 OlBl>,
Whoever is not of the people of the register (diwan) [of military
personnel], then his legally responsible group (‘agilah) are his tribe, from
whom [diyah] is taken in instalments over three years, no one [paying] more

than four dirhams [in total]. In each year [the payment] is one dirham and two
daniqs'°’”” [per head]. [The total payment] may be less than [four dirhams].

SE 9 edd] LI 55) gd oo WY ALDI aud J OV
wascl See 52 Led O Rd ABLSI ae bial
If the tribe cannot afford that [amount], the tribe closest to them are
merged with them and the killer will join with the legally responsible group,
and he will be like one of them in whatever he pays.10°

oY ~ AL.g sal ALS »

The group legally responsible for a freed slave is the tribe of his master.
achiss Ve aie Jae YI pl b 509

The person who has become a client (mawlda) of amity (mawalat),'°°" his
master (mawila) and the tribe of [the master] pay [compensatory payment] on
his behalf.

ted Joo Al he Cia) oye 5] ALY aod Vy
SLI Sle 3 ggd US ye ya leg lunch ad pall

The group who are responsible (‘agilah) do not undertake [the payment
of] less than a half of a tenth'°°* of the compensatory payment, and it
undertakes a half of the tenth or more. Whatever is less than that [amount of
the total liability], is [taken] from the property of the offender. !°°°

Le Bed LAI faa Vg cal Le ALS! Jas Yo
chal os JAS Vy ode Ol] GUI

The legally responsible group does not pay [compensatory payment
(diyah)] for an offence [committed] by a slave, nor does it pay for the offence
to which the offender confesses, unless they all confirm it.'°°* They do not
pay [compensatory payment (diyah)]| for what becomes binding by negotiated
settlement.

able Je cal es Ake sell be BI co Ils
When a free man commits an offence of unintentional ([gatl] al-khata’)

[homicide] against a slave, it is [a liability] upon his legally responsible group
(‘agilah).

>9 Ad OLS

HUDUD — PUNISHMENTS FOR CONTRAVENTION
OF THE LIMITS

Zina — Unlawful Sexual Intercourse
Vy Ab Os GI

Unlawful sexual intercourse!?°® is established'°°’ by clear proof and
confession.

USL BL yal gl Joy be o9g)l ye day yh aga OI AIL

Clear proof [of unlawful sexual intercourse] is that four male
witnesses!?°* testify against a man or a woman [having committed] unlawful
sexual intercourse.

U3 oe ploy! etl

The Imam (leader) is to interrogate [the witnesses] regarding the unlawful
sexual intercourse:
535 6995S) Seg 5G) only 592 GSa i els

1. What is it?

2. How was it [committed]?

3. Where did he [or she] commit unlawful sexual intercourse?

4. When did he [or she] commit unlawful sexual intercourse?

5. With whom did he [or she] commit unlawful sexual intercourse?

ALS 3 SAIS god b lgtheg oll sl shlbg CUS | gy 1315
wales oS ASM y poll 3 | lad ogi gold Sas

When they make that clear, and they say, “We saw him having sexual
intercourse with her in her vagina, just like a kohl stick inside a kohl jar,” the

judge is to inquire about them and [if] they are declared honest in private and
in public!”*” he is to legally decide according to their testimony.

Bl ys yl Bb andi de Jobs! AW! 2 ol Lays

01 Bl aS ISB golBl ony SILT AM Se ys LE ae |

$55 Gale S92 ASs 5 ge be bil ge QAWI IL Ol» wl

AD| 405} DNS ye 138935 Ye 9

Confession is that a sane and adult [person] confesses against himself four

times, in four [separate] sessions of the sessions of confession,!°’° whenever

[the offender] confesses, the judge refuting him. When his confession is

completed four times, the judge should question him regarding the unlawful

sexual intercourse: what it was, how it was [committed], where he committed

the unlawful sexual intercourse and with whom he committed the unlawful

sexual intercourse. Thus, when he has disclosed [all] that, the hadd
punishment is carried out on him.

9k o> Uetb aa) yar 3\5II OS OW

If the person who committed unlawful sexual intercourse (zdni) is or has
been married (muhsan),'°! he is pelted with stones until he dies.

AH Sods laa je ogg aceel OB oll
He is taken out to open ground and the witnesses begin by stoning him,

thereafter the leader (Imam), followed by [the rest of] the people. If the
witnesses decline to initiate [the stoning], the hadd punishment lapses.

lS ob eLY! ela! ee SII INS Obs

If the person who committed unlawful sexual intercourse had confessed,
the leader (Imam) commences [the stoning], then [the rest of] the people.

ale ber 9 AR 9 Janter 9

[When he dies after being applied the hadd punishment] he is given a
ghusl, shrouded and prayed over.‘

el ph dale Ble oded > IWSy eet SSS ls
Grb g als as p55 lavgel ped ae Y byw & pe
Am 59 Agog duly Vl alael Je oa!
If he was not married and had never consummated a marriage, and he is a
free man, then his hadd punishment is one hundred lashes. The leader (Imam)
Shall give the order to strike him with a whip in which there is no knot, [with]

medium strokes. His clothes are removed from him and the lashes dispersed
over his limbs except his head, his face and his private parts (farj).

NGS pant ole le IS Os
If he is a slave, his lashes are fifty [in] the same [manner].

Retraction by the Confessor and Witness
SB clang B gl cab 11 ald] 3 pl 5) pe aM amy OV
Alun 19 Ae 5>)
If the one who confesses [to] unlawful sexual intercourse goes back on his

confession prior to the application of the hadd punishment to him or [even]
during it, his retraction is accepted and he is released.

«3 Mal 143 J gb 9 <& go)! All Gab OI PL W Coen 2

It is recommended for the leader (Imam) to encourage the one who is
confessing to retract [his confession], and [that] he says to him, “Perhaps you
[only] touched or kissed [her].”

Lhd Les & 55 VBL OT pe col per CUS Bal My Jo My
gadls » al Sl

The man and woman are [treated] the same in that,'°’° except that with the
woman, her clothes are not removed except for fur and padding.!°"*

de pe Bb > ols

In the [case of] pelting, it is permitted for [a ditch] to be dug for her.'°"°

ley! 53k Yl ately ore je aL d oll wns Vy

A master may not apply the hadd punishment to his slave or to his slave-
woman, except with the permission of the leader (Imam).

ABN Ny p> ems! SSy SLI Ae aggitl aol aay oly
If one of the witnesses retracts [his testimony] after the legal decision [has
been issued], [but] prior to the stoning, the hadd punishment is applied to
them,!°"° and the [the hadd punishment of] stoning lapses from the accused.
Al ey eg odony eel Jl dm aay be ary ols

If he retracts [his testimony] after the stoning, the retracting [witness]
alone is subject to the hadd punishment, and he [alone] is liable to a quarter
of the compensatory payment (diyah).

lant Node dar yl ye dggcdl ne at OI 9

If the number of witnesses falls below four, all of them are subject to the
hadd punishment.!°”

793 HB elves Ble WL > Og Jl pal Sham s
la>y| Ano Ss Ld 9 Le je29 (leue LISS 3\ el

The [conditions of] being muhsan (ihsan) for stoning are to be:
1. Free,

2. Adult,

3. Sane,

4. Muslim,

5. | Who has married a woman in a valid marriage, and

6 Has had sexual intercourse with her when both of them had the

characteristics of insan.!°9°

wal WL oy aad 3 at Ys

Lashing and stoning are not combined in [the punishment of] the
muhsan. 19°"

NS ALY Sp OY] aly WE Ge SSB et Vs
Gap 6 8 JE 2 jad secs
Lashing and banishment are not combined in [the punishment of] a virgin
[male or female], unless the leader (Imam) sees that as welfare, and so
punishes him according to what he deems appropriate.
J ALN ote SIS Oh 9 amy pmsl dey Va hl 35 MSs
When an ill person commits unlawful sexual intercourse, his hadd

punishment being stoning,!!?? he is stoned [to death], but if his hadd
punishment is lashing, he is not whipped until he recovers [from his illness].

he aad go 2F J JolP) 25) 138

When a pregnant woman commits unlawful sexual intercourse, she is not
subjected to the hadd punishment until she delivers./'°1, 11°

Lad ye ded (tod WI late IS Ol s

If her hadd punishment is lashes, then [it is not applied] until she comes

out of her postnatal bleeding. !!°°
OF pbda Atel] Oo gars J polite dow ogg! Age I3] 9
Hele GIS > BV cago 8 8 eb
When the witnesses testify of a previous hadd punishment, the execution

of which their distance from the leader (Imam) did not hinder them,'!* their

testimony is not accepted except in the [case of] the hadd punishment for

unsubstantiated accusations of unlawful sexual intercourse in particular.''°°

D5E TA O99 be B Apel Bl yal Ebes Sey

Whoever has sexual intercourse with a female non-relative in other than
the vagina, is to be subjected to a discretionary punishment (ta‘zir).'!°°

cohen SNe Oh 9 coy a9 og a le «dog cy ds d> Yo

cel > J Leal

There is no hadd punishment for someone who has sexual intercourse
with the slave-woman of his son, or of his grandson, even if he says, “I knew
that she was haram for me.”

dy she dell edeg gl cing) gh acl shayl le pbs ld»

Lal cubby SB Oly te «el ds Lal Croke» Se cogs

st Jed 2

When someone has sexual intercourse with the slave-woman of his father,
[of] his mother or [of] his wife, or a slave has sexual intercourse with the
slave-woman of his master and says, “I knew that she was haram for me,” he

is to be subjected to the hadd punishment, but if he says, “I thought that she
was halal for me,” he is not subjected to the hadd punishment.

Whoever has sexual intercourse with the slave-woman of his brother, or
[of] his paternal uncle and says, “I thought that she was halal for me” is
subject to the hadd punishment.

gil 98 «thm» sl ely Ludi eS, ail yal PE AS) 285 peg
hl ANS 9 cade — Ya
Someone to whom a woman other than his wife is conducted [in
matrimonial fashion], and the women say, “She is your wife,” and he has

sexual intercourse with her, there is no hadd punishment upon him, but he
owes [the payment of] dowry.

| Adad Lalb 92 acl 9 |e b| pel dome C9

Whoever finds a woman in his bed and he has sexual intercourse with her,
then the hadd punishment is carried out upon him.

Ad ade OS J Vgtegd AWG 4 JAY Bl & 9 5 oes

Whoever marries a woman to whom marriage is not lawful and has sexual
intercourse with her, the hadd punishment is not carried out upon him.!!°”

3 Les og Jae Jae gl og SU agli 3 dll SI yee
all gary VEs «jar 9 dls alary daze ul ue ade oe
LS ga bs
Whoever comes to a woman by that location which is disapproved,!!”° or
he practices the act of the nation of [the Prophet] Lit!!°’ there is no hadd
punishment, according to Abu Hanifah, may Allah have mercy on him, but he
is subject to a discretionary punishment (ta‘zir). They,''!? may Allah have

mercy on them, however, said that it is like unlawful sexual intercourse and
he is subject to the hadd punishment.

Ade t> WO dor bog yes

Whoever has sexual intercourse with an animal,!!!! there is no hadd
punishment for him.

adele abs JM ed 3 Sl obo sho Fl jlo 5 9

Whoever commits unlawful sexual intercourse in enemy territory (dar al-
harb), or in rebellious territory (dar al-baghy),'''* and thereafter, he comes
out to us [Muslims], the hadd punishment is not applied to him.

pl we ob

The Hadd Punishment for Consumption of Alcohol
(Shurb)
ale aog3\ Agtd Boge ge yt yy EE pd! Od gos
day Bl Sly dl aded Sage g0 et yg 5l sl ale WL
44 J godly oles

Whoever drinks wine (khamr) and is caught while its odour is present, and
witnesses testify against him to that effect, or he confesses while its odour is
present, then the hadd punishment is due upon him. If he confesses after the
departure of its odour, he is not subject to the hadd punishment.

de> hed| Gye Som Spay

Whoever becomes intoxicated with date-beverage (nabidh) is subject to

the hadd punishment.
Lal gi _ 2! dS) die dog ye Je > Vy

There is no hadd punishment upon someone from whom the odour of
wine is smelt, or [if] he vomits [wine].!!!°

Lege ay pig Lal ye Se all ples se OLR 44 Vy

The intoxicated [person] is not subject to the hadd punishment until it is
known that he was intoxicated with date-beverage and [that] he drank it
voluntarily.

las dope 4

Someone is not punished with the hadd punishment until the intoxication
has left him.''!*

LS ai be Spe lege Og 318 Sadly 5 A> 9
Og yl odd le NS Obs BM 3453
The hadd punishment for wine and intoxication for the free man is eighty
lashes which are dispersed over his body, just as we mentioned in [the case

of] unlawful sexual intercourse. If it is a slave, then his hadd punishment is
forty [lashes].

3H} amy Sb Sol 9 Poke Jl 9

Whoever confesses to drinking wine and [to] intoxication, then later goes
back [on his confession] is not subject to the hadd punishment.

biol 9 d yA oy) 3k ol cCpdels ost we pal Cn 9

Drinking [wine] is proven by the testimony of two male witnesses, or by
his confessing once.

Jl ae clad) Balgt ad Ls Ys

The testimony of women along with the men is not accepted for
[intoxication |.

QADHF — UNSUBSTANTIATED ACCUSATION OF
UNLAWEFUL SEXUAL INTERCOURSE

USI ce paz dat lye! gl eat Mey Jo! 513 15
Wy SIT Seger Qo SU ore LL Spall lbs

ol as & 5 I pe als of 8 Vy clas! be Ge
Weg Har sh owl Ine IT Sl yc gtd

When a man accuses a muhsan man or a muhsanah woman of explicit
unlawful sexual intercourse without substantiation, and the person accused of
unlawful sexual intercourse (maqdhuf) demands the hadd punishment, the
judge (hakim) is to carry out the hadd punishment on [the accuser]."'° [It is]
eighty lashes if he is a free man, which are dispersed over his limbs. He is not
to be stripped of his clothes, except that fur and padding are removed from
him. If he is a slave, [the hakim] lashes him forty times.

Linde cLyline Molec LL cl > Cag dE SS I GhaaSy

UP Jd OF
Ihsan'''° is that the person falsely accused of unlawful sexual intercourse
(maqdhuf) be:
1. Free,
2. Adult,
3. Sane,

4. Muslim, and
5. Abstaining from the act of unlawful sexual intercourse.

CASS cpl by al LS Cand» SAS One nd Jpg
BSD AS Leten op) SLE dis Aiet daly
Whoever denies the lineage of someone and says, “You are not your
father’s,” or “O son of an adulteress,” and his mother was a muhsanah who is
dead, and the son demands the hadd punishment for her, the person who

makes the unsubstantiated allegations of sexual misconduct is subjected to
the hadd punishment.

ADA R Arend 3 7 2 ak Yi ce da) ten Iie Yo

The hadd punishment for unsubstantiated accusations of unlawful sexual
intercourse by the deceased is only demanded by someone in whose lineage
impairment occurs due to the unsubstantiated accusations of unlawful sexual
intercourse [made by the offender].!1!”

Shey SI teal y SISO) aa) Gla Lat gall IF 15) 5
sh
When the person against whom the unsubstantiated allegations are made

is muhsan, it is permissible for his non-Muslim son and [also] his slave to
demand the hadd punishment.

5 >| dal 94 Yoo Sik, ON ual ds

The slave may not demand [the hadd punishment] for his [own] master for
unsubstantiated accusations of unlawful sexual intercourse [made] against his
[own] free mother.

wie Veins philly Bl

If someone confesses to [making] unsubstantiated accusations of unlawful
sexual intercourse, and then later retracts [it], his retraction is not accepted.

cle cpl» Jo) SB eg cat J « dae Ly 3 pd SE oy
79.5) Bg VE MI gl ace df an 15) 9 Bake edd col ea
Whoever says to an Arab, “O Nabatean” is not subject to the hadd
punishment, and whoever says to a man, “O son of the Water of the Sky (Ma’
as-Sama’)”!'!® has not made an unsubstantiated allegation of sexual
misconduct. When someone ascribes [another] to his paternal uncle, to his

maternal uncle, or to the husband of his mother, he has not made an
unsubstantiated allegation of sexual misconduct.

—~

A318 A J ae pe 3 Ll > btbg boo sey

Whoever has haram sexual intercourse in a place other than his own
property, then the person who makes an unsubstantiated accusation of

unlawful sexual intercourse against him is not subject to the hadd
punishment.

< We ps dccMhl oss Ohg goss 4H 'Y Np Ko WMI 9
yess

A woman whose husband engaged in the process of /i‘an with her who
has a child [whose paternity he did not accept], the person who makes an
unsubstantiated accusation of unlawful sexual intercourse against her is not
subjected to the hadd punishment.''!’ If, however, the woman whose
husband engaged in the process of li‘an with her is without a child then the

person who makes an unsubstantiated accusation of unlawful sexual
intercourse against her is subject to the hadd punishment.

py Lede B43 gl UL 1 5IT oh Le oh dol GIS sos
L Je lg 6) Gib eniae Wa) «lS Lol c Gwla Ls Sle (bi
35% 8 p> gl lle

Whoever without substantiation accuses a slave-woman, a slave or a non-
Muslim of unlawful sexual intercourse, or makes unsubstantiated accusations
against a Muslim of [an act] other than unlawful sexual intercourse and says,
“You deviant (fasiq),” “O disbeliever (kdfir),” or “You foul person (khabith)”
is to be subjected to a discretionary punishment, but if he says, “You donkey
(himar),” or “You pig (khinzir)” he is not subject to a discretionary
punishment.

Ta‘zir — Discretionary Punishment
Sl 26 Alsl g lb gus Oss iatage | pp pally

Discretionary punishment’s maximum is thirty-nine lashes, and _ its
minimum is three lashes.

Opameg Aan yp jay aly LL alll army ay) gl SB,
be

Abu Yusuf, may Allah have mercy on him, said that discretionary
punishment can reach [up to] seventy-five lashes.

J ed» pS Spall Mee al LY ch ols

If the leader (Imam) decides to combine the lashes in discretionary
punishment with imprisonment, he may do so.

BID te Solio gS UB de Sop jal opal tls

The most intense striking is [in]:

2.
>.
4

Discretionary punishment (ta‘zir), then
The hadd punishment for unlawful sexual intercourse (zind), then
The hadd punishment for drinking alcohol (shurb), and then

The hadd punishment for unsubstantiated accusations of unlawful
sexual intercourse (qadhf).

JAD 40d ULYS 0) 55 al ely OA> S09

Whomsoever the leader (Imam) applies the hadd punishment to, or
punishes with discretionary punishment, who then dies, his death is to be un-
retaliated and uncompensated.

When a Muslim is subjected to the hadd punishment for unsubstantiated
accusations of unlawful sexual intercourse, his testimony lapses, even though

he repents.

1120

Sold 23 ob | 5 Gia 3 IS > SIs

If a non-Muslim is subjected to the hadd punishment for unsubstantiated
accusations of unlawful sexual intercourse, then later becomes a Muslim, his

testimony will be accepte

d L121

bl ans Ad pu | OS

SARIQAH WA QUTTA‘ AT-TARIQ — THEFT &
HIGHWAY ROBBERS

(wl ye D peak Anand le 9) (wale D pat bd ali Oo 13)

ng Ad AQ Se Ge cdg pee nb | OW 4g
el gw ad Fly dally cabedll ate
When an adult, sane person steals ten dirhams, or that whose value is ten
dirhams, coined!!** or un-coined, from a well-protected place about which

there is no doubt, then amputation is prescribed''!*° against him. The free man
and the slave are [deemed] the same in this [matter].

Cpasls Bags gl cdtmle dp0 ol SL aed UF 9

Amputation becomes obligatory by:
1. His single confession, and [also] by
2. The testimony of two [male] witnesses [against him].
wdlyrd nds ggiedoly JS lel a8 3 dele SANS g
plat, JS ye Jal aybel ol » cabs
If a group join together to steal, and each one of them acquires ten

dirhams, he is subject to amputation, but if he acquires less that that
[amount], he is not subject to amputation.

ELIS ee glo Ele BE tog, LS cht, Vy

ad) & pu Led Vo cdpally hedly reilly syttls

AS ly cebass goblly ly ALN aS 1 wS ola
wae J GME y Nyc prtsl ds

One is not subject to amputation for [the theft of] what is found to be
insignificant and ownerless in the abode of Islam (dar al-Islam), like wood,
srass, cane, fish and game, nor for what perishes quickly, like fresh fruit,
milk, meat, melons, fruit on trees and crops that have not been harvested.

AS ae wh xd os haya — 3 ala 7
‘gi Yo ea Yo
One is not subject to amputation for [the theft of]:
1. Delicious beverages,

2. A lute, nor for the theft of

3 A written copy of the Qur’an (mushaf) even if there is decoration on
- 1124
it,

4. A crucifix [made] from gold and silver,

5. Chess [set] or backgammon.!!*°

Ley > ade ONS SN 9 4 gall Gyle de aed Yop
PN voll

There is no amputation for the kidnapper of a free minor, even if there
may be jewellery on him, nor for the abductor of an adult slave.

pues! dus! 9 yew eek s
The kidnapper of a minor slave is subject to amputation.
LA 582 BI IWS sbi 3 bd Ys

There is no amputation for [the theft of] any files except for files of
accounts. !!°

oye Yo cheb Yo «89 Vo cys Wo ddd: Byles pak, Yo
Jrmally gis Lally cll B law »
The thief of a dog, a lynx, a tambourine, a drum and a woodwind musical

instrument (mizmar) is not subject to amputation, but he is subject to
amputation for [the theft of] teak, the shaft of a spear, ebony and sandalwood.

led aed OI » gh Ol gh EL cys LAI IS g

When pots and doors are manufactured from wood, someone is subject to
amputation [for the theft of it].
Vg cngtte Vg clo Vg cable Vo Sle js as Yo

There is no amputation for a male or female fraudster, a bodysnatcher, a
looter or a pilferer.

AS pi 4d ByLal She p20 Vg SU oe 52 Gyldl alae Vp

Someone who steals from the public treasury (bayt al-mal) is not subject

to amputation, nor for [the theft of] property in which the thief has a

share.! 127

gad, J ie OF ery 53 gl oly gl oil OF Or Ory

gl Coe iY das i CHV oY neo 3) ra a \>\ NAS 9

MIS g 451 spe Doh gh caren o 95 (pe gh corte Bl pal ops
wll oy Gyka

Whoever steals from his [own] parents, from his son or from an un-
marriageable relative (dhu rahm mahram) is not subject to amputation, and
likewise when one of the spouses steals from the other, a slave from his
master or from the wife of his master, from the husband of his mistress, or a
master [steals] from his slave to whom he has given a contract to buy his
freedom (mukatab), and similarly someone who steals from booty.

On Well-Protected Places (Hirz)

. ‘ | ee ; —
JF ly ogedlg yp lS cad dab 5o> we? de j Aly
LILt

Well-protected places are of two types:
1. Well-protected places, like houses and rooms, and

2. Well-protected places with a guard.

Aleat onic dolog ) > 2 ol ppm cp ee Oe op?
adi ade roy

So, whoever steals something specific from a well-protected place or a
place that is not well-protected when its owner was with it safeguarding it,
amputation is prescribed against [the thief].

Age 3 rl GN ad ty gl ole te ow oe Be by

There is no amputation for someone who steals from the public baths
(hammam), or from a room which is permitted to the public to enter.

ce OLE Alo 9 lols Jouud| of O~ O39

Whoever steals an item from a mosque and its owner was with it, [the
thief] is subject to amputation.

ablal of G13] Ryall ds abi Yy
There is no amputation for a guest when he steals from the one who
hosted him.
coe >!) AJolis JU an5 cheog coud yal arr \d\ 9
When a burglar makes a hole in a house, enters, takes away property and

hands it over to someone else outside the house, there is no amputation for
either of the two.

ale 13] LWT cals od 8 & 5 ob Ge bal 3 olall O15
a> Sb adlig le Jo

But if he threw it into the street then came out and took it, he is subject to
amputation, and likewise, when he loads it on a donkey and drives it and
[thereby] takes it out [of the house].

la [yest SSN ggitny d gb doles 5 DI S913

When a group enters a well-protected place and [only] some of them take
[things], all of them are subject to amputation.

Joo1 | gcabe Kp Joly ad ony Sool y Cell OB yas
pes « JU ASI Lone oS B Fy (3 all 99du0 3 On)
Whoever makes a hole in a house and enters his hand into it and takes
something is not subject to amputation, but if he enters his hand into the trunk

of a cambist, or into the pocket of someone, and takes his property, he is
subject to amputation.

On Amputation

poy Ul Ge Gye! ns alas
The right hand of the thief is amputated from the wrist and it is cauterised.
Spall dle y Corks Ib Be Ob

If he steals [a] second [time], his left foot is amputated.
HR > Cred! BAbey che JUG GB» ob

If he steals [a] third [time], he is not subject to amputation but is made to
remain in prison until he repents.

Sal ¢ glade ol <aladl 8h 6S ped AD SET BLS GIS 131.9
eb 3 gel

If the thief has a crippled left hand, or it is amputated, or his right leg is
amputated, he is not subject to amputation.'!~°

(35 Sly Mad are By pall pat ONY] GLI! abi Yy
Oe MgB Sue ol cate eek 9) SLs! pe gems bs

eek J cla

The thief is not subject to amputation unless the one he stole from is
present and demands [the legal decision and punishment for] theft. If he gives
[the stolen property] to the thief as a gift, sells it to him, or if its value drops
below the minimum level (nisab of ten dirhams), [the thief] is not subject to
amputation.

A lee 29 Bd ale Ss lary a led ahblis Be yey
paw 43.3 Y 55 ess Sl Mee Abe Ce ss Oo} 9 i alaks
ae a atalino
Whoever steals an item and [his hand or foot] is amputated for it, and then
he returns it, and then later returns and steals it [again] whilst it is [in] the
same [condition], is not subject to [a second] amputation. But if it had altered
from its [previous] state, for example, it was some spun thread and he stole it
and [his hand or foot] was amputated for it, and then he returned it, and then

later it is woven,!'*? and he returns and steals it, he is subject to [a second]

amputation.
ASI a CIS 5) g clary od; 3 ALB sly Gyldl ald 131 5
Oras 5

When the [hand or foot of the] thief is amputated and the item remains in
his possession, he returns it, but if it has perished, he is not liable.

ais alai)| Li. Abe 459 pak Gaol OI GyLI ceo! 1319
An oy 2 Os

When the thief claims that the stolen item is his [own] property, the
amputation lapses, even if he does not produce evidence.

On Highway Robbery

lgdnadd fp lreYl Je yrds tol gl quace dele x 5151 5
gene Ladd | gh Vo VL IgdEL SI JS 1gdeG SLI abed
When a group of people goes out as those forbidding others [on their
way], or one [person] who is able to hinder [others], and they intend to
commit highway robbery (gat‘ at-tariq),''°° and they are caught before they

take any property [of others], and they have not killed anyone, the leader
(Imam) should detain them until they express repentance.

gle Se pnd '3| SoU y 03 ry whine Sle IgdS! SI 2
M3 ated als le gl laced gal pod chs gis dels JS lel
BOE ys aglouly acal ale ala
If they take the property of a Muslim or [of] a non-Muslim living under
the governance of Islam (dhimmi), and when the seized item is divided
between their group each of them gains ten dirhams or more, or its value

reaches that [amount], the leader (Imam) amputates alternate hands and
feet.119!

Las 1b lam LY ghd Whe \gddL Jo Lunt Loh Glo

eagic Soa J agic eli

If they killed someone but did not take any property, the leader kills them

as hadd [punishment],'!¥* but if the heirs forgive them, he does not pay heed

to their forgiveness. !!*?

wehesls woul abs Leg| le bel yeyb \gdSI9l ghd! 9

weshe La O} 9 «agit ele Ol crgshng gly GUE ys
If they murdered as well as taking property, then the leader has an option:

If he wants, he amputates alternate hands and feet, kills them and
crucifies them, and

2. If he wants, he kills them, and
If he wants, he crucifies them.

IS\ hee, Vy cays ONL] pe dh alley pay 9 ch Ghee

They are to be crucified alive, and their bellies are slit with a spear until
they are dead; they are not crucified for more than three days.

gael OF amy 98 3 og al sve wed OF Ob
SUN ge att bt ale

If there is a minor among them, someone who is insane or an un-
marriageable relative (dhu rahm mahram) of the victim of the banditry

[maqti‘ ‘alayhi], the hadd punishment against the rest of them lapses.'!**
Dh g ch gas VGLE Of g cl ghd GLE Oh ceLdgl LI Jel les
waicle Se Jail col gga dels J2all ob
And the [right of] killing goes to the heirs:
4. If they want, they may kill [the group], or
5. If they want, they may pardon [them all].

If any of [the bandits] had pursued the murder, killing [as a hadd
punishment] is carried out against them all.'!°°

ASHRIBAH — [INTOXICATING] DRINKS

ME NS] Call peat gg pad day yl deyedl 4 251
CASS ye JB] ued > Pb 15] _praslly oy Sl GBs actly
Heel 9 WE N3) ew DN antigo! artis
There are four [types of] prohibited drinks:

Wine — and that is the juice of grapes when it ferments,''’° becomes
strong!!’ and gives off froth,!'*®

Expressed fruit juice — when it is cooked until less than two-thirds of
it has gone,!!*"

3. The infusion (naqf‘) of dates,'!*° and
4. The infusion of raisins, when it ferments and becomes strong.

“3 5 :
I> Aoube Sal gio dels JS Fb Id] ep Ny pol dss
HE Oy Rw J al ale fe bay be are 95 15 cant Ol 9

oad ol Vy orb Yo oh

Mead (nabidh) of dates and [of] raisins, when each of the two is cooked
with minimum cooking is lawful, even though it becomes strong, when one
drinks some of it predominantly believing that it will not intoxicate him, not
[drinking it] for amusement and pleasure,''*! and there is no objection to the
mixture of the two.!!*?

reclen JO) 9 IM By y pacdly Alar ply Jansdl Ass

1143

The mead of honey, figs, wheat, barley and durra is lawful, even

though it may not be [fully] cooked.'!“#
A281 Ol 9 Je cb ave ad co rb \3| vall rats

The juice of grapes, when it is cooked until two-thirds of it has gone from
it, is lawful, even if it is strong.

RES 9 S51 9 ety eLl 3 SLOYL pl Yo

There is no harm in producing mead inside a gourd, a fresh pitcher, a
pitcher smeared with pitch or a hollowed piece of wood (nadir).

How 3\ SS [gents Sayles elgw cide pol OME 514
Lt oS Wy led 7b
When wine becomes vinegar it is lawful, irrespective of [whether] it

changes into vinegar on its own or due to something cast into it. It is not
disapproved to make [wine] into vinegar.

ee 22) | OLS

SAYD WA DHABA’IH —- GAME & ANIMALS FOR
SLAUGHTER

plysy «SII 9 Aga 9 ced USL see | 9
halal | 941

1145

Hunting with a trained dog as well as with a lynx,”** a falcon and with all

trained predators, is permitted.
Ol yg jt wglady Sl ye EU ISMN IR Gh: olay

1146

The training of a dog is that it refrains [from] eating three times, and

the training of a falcon is that it returns when you summon it.
pt! S39 Ame Le coke gh aa jh ol celal aS Jeu! 313
AS) b> ols A> »>-9 Jurca) i cSluy| ws ate ds Als
JST gi ae JST 9 5p ag! gh US ace JST OL
If someone sets his trained dog, his falcon or his hawk on game, and
pronounces the name of Allah, exalted is He, on sending it, and it seizes the
same and wounds it, and [the game] dies, eating it is lawful. But if the dog or

lynx eats of it, it is not eaten. If, however, the falcon eats of it, it may be
eaten.

35 N38 ASH Ol ade Gog Le tpl Jeph pol 151 5
Sh Job ye asc
If the person who loosed [the trained animal] finds the game [still] alive, it

is incumbent upon him to slaughter it, and if he refrains from slaughtering it
until it dies, it is not to be eaten.

IS J A> 4 dy NN) 28S 5! s
If the dog strangles [the game and it dies] and it did not wound it, it
should not be eaten.
Sd BAS ol oe 9@ AS og} ples pe IS ASE i s

If an untrained dog, the dog of a Magian, or a dog over which the name of
Allah, exalted is He, has not been mentioned, shares in [killing the game], it
should not be eaten.

} 9 0lS3 > 4S y91 Sg bd gud dope IS] abel ke JS

Sh J 2S 5 55

When a person shoots an arrow at game and says the name of Allah,
exalted is He, whilst shooting, if the arrow wounds it and it dies, whatever it

hits [and kills] may be eaten. If he finds it alive, he slaughters it, and if he
refrains from slaughtering it, it is not to be eaten.114/

ade SI dg te NE > Jed tell aged 59 15! s

SS 5p A eye aelecl oS ale ye a8 OW JST ee bel >

When the arrow hits the game and [the game] carries on [it] until it
disappears and he continues searching until he finds it dead, it may be eaten.

But if he gave up pursuing it, and then later found it dead, it is not to be

eaten.

clas Se abs S) MAS 9 SS J lll 3 bb lave ay dl

v2 Il be 59 Oly JSS 3 LN! dl ae Go wo ke ol

SST Bhat

If someone shoots game and [the game] ends up in water, it is not to be

eaten, and likewise if it lands on a roof or a mountain, then later falls down

off it onto the ground, it is not to be eaten. However, if it initially ended up
on the ground, it may be eaten.!!*°

JST oye Ob 9 ISG} dpe LAL pall Glel leg

Whatever a blunt object (mi‘rad) hits with its width is not to be eaten,''*

but if it [merely] wounds it, it may be eaten.'!°°
gue Sle 13] Bd avlel be ISH Vo
Whatever a pellet'!*! hits, it is not to be eaten, if it dies from it.

«pal SSG) dy dpa JST aie | pce aladd live coy |5l s
NS SN g cad JST jaedl dy le ZSVy BUI sabes Os
FON JST ol be GM

When someone shoots [an arrow] at game and severs a limb from it, the
game may be eaten, but the [severed] limb is not to be eaten. If [the arrow]
cuts it into three and most of it is connected to the posterior, [then] all [of it]
may be eaten,''°* but if most of it is of that which is connected to the head,
[then] the larger [part] may be eaten.!!°°

erably Sally GMs ow sell tne JS Vy

The game of the Magian, the apostate, the idolater and the person in ihram
is not to be eaten.

Pla je Geta Jy adds dy abel le Qa os
SS 9 «GUY 9g2 ales ST oles
Whoever shoots [an arrow at] game and hits it, but does not weaken it and
does not take it out of the boundary of prohibition,''°* and another [person]

casts [an arrow] at it and kills it, then it belongs to the second [hunter], and it
may be eaten.

SSG dg DoW 9gd abedd GUN ols asl Je GIS Oly
Aim| > ated le ne Jo ard sols GW,
But if the first [hunter] had weakened it, and the second [hunter] shoots at
it and kills it, it belongs to the first [hunter], but it is not to be eaten.''? The

second [hunter] compensates for its value to the first less whatever the
wounding of it had diminished.'!°°

SS Y beg Sh gd Ge aod IS h lb olbewl 5 5

It is permitted to hunt the animal whose meat is [lawfully] eaten or not
[lawfully] eaten.

io gab EM doeyd ISS Se GUS 9 glial dowd
etl Sly
The animal (dhabihah) slaughtered by a Muslim and by a person of the

People of the Book (kitabt) is lawful,''’’ but the animal slaughtered by an
apostate, a Magian, an idolater and a person in ihram is not to be eaten.

ON 9 SSB Y dey Say lace dyed IU IS oly
edST Lali gS.
If the slaughterer deliberately omits saying the name of Allah, the

slaughtered animal is [deemed to be] something that has died'!°® and is not to
be eaten, but if he leaves it out of forgetfulness it may be eaten.

On Dhabh — Slaughtering
ANNs SEN oe GMs

Slaughter (dhabh) is [made] between the throat'!°” and the upper bone of
the chest.11°°

Glesoll¢ ce 5 phl gilt :daw JI als 3 eee AN 39 ple

The vessels that are cut in slaughter are four:

1. The windpipe or trachea (hulqiim),'*°!

2. The gullet or oesophagus (mari’),''°?

3. And the two jugular veins (wadjan).''°°
dim Gl As MISS Le fS ale 0! 2 JSS le gab Ob
eh aba yey VSS alll Leey WE, bs abl az
eosl tole Gly

If someone cuts them [all], eating [of that slaughtered animal] is lawful. If
he cuts the majority of them, it is likewise, according to Abu Hanifah, may

Allah have mercy on him, but they,''°* may Allah have mercy on them, said

that cutting the windpipe, the gullet and [either] one of the two jugular veins
is essential.

pall ‘| el Pe; iS JS 2 659 phi o FUELE cel 393
otal Ay gill
Slaughtering is permitted with splinters, sharp stones and with anything
that causes blood to pour forth, except fixed teeth and fixed nails.'!°°
525 Pll IHD) gedteal
It is recommended for the slaughterer to sharpen his blade.
SS 539 VS DoS ol Abed sh ep bl (SSL ah er

Whoever reaches the spinal cord with the knife and severs the head, that is
disapproved for him, but the animal he slaughtered may be eaten.

9 lab ce de Cob OY Lal Gye BLN 205 Ol
0S 9 je

If someone slaughters a sheep or goat [beginning] from its nape, if it
remains alive until [all] the vessels are cut, it is permitted, but it is
disapproved.

ISH 9 Go sal ald JS oSk Sy
But if it dies prior to cutting [all] of the vessels, it is not to be eaten.
on ur ery leg col as\S 33 Aue) Cy pon lag
tors pall aslS 33

Whatever game becomes tame is slaughtered by dhabh. Grazing
livestock which have become wild!!®’ are slaughtered by stabbing and
wounding.

1166

0S 9 Se loud dbs adl LY Beals

Nahr'!°° is recommended for the camel, but if one slaughters it by dhabh
it is permitted but disapproved.

0K 9 Sle Ayes OM cell lly JEN Bee aL

Dhabh is recommended for oxen, and sheep and goats, but if someone
performs nahr on them it is permitted but disapproved.

A Wigs Lint Ugle; 3 deigh GLE 9) 8,8 205 5) 28 oS yey
pte fd gh 25) SS5

Whoever slaughters a she-camel by nahr or slaughters a cow, sheep or
goat by dhabh, and finds a dead foetus in its uterus, [that foetus] is not to be
eaten, [irrespective of whether] it is definable or not.

HSN ys AE 53 SS 9 Ebel ps OU 53 IS IST 5 98 Vs

It is not permitted to eat any predator which has canine teeth, and [any]
bird which has talons.

AA ISL al BN IS Vo Gos OLE Ub Yo

There is no objection [to eating] the agrarian crow,''°” but the speckled

crow, !!’° which eats carrion, is not eaten.

LIS Sl athe ally ara SS 0 Ko 9
It is disapproved to eat hyenas, lizards and all insects.
ee JST 0K 9 Sadly Abe! ot o> JIS) 554.32
BLS all aay dag ul we 4A

It is not permitted to eat the meat of the domestic donkey or [of] the mule,
and it is disapproved to eat the meat of the horse according to Abu Hantfah,
may Allah have mercy on him.

CIN JTL GLY,

There is no harm in eating rabbit.

po Bly eV aakgotle gb acd JS V le eo5\) 9
Ligsd fond Vals UI Ob
When that, the meat of which is not eaten, is slaughtered by dhabh, its
hide and flesh become [physically] pure, except [the hide of] the human!”!

and [of] the pig,''’* and sacrifice (dhakah) does not work [for purification] in
either of the two.

ace BUS JST oS 9 cchaud Well Ol gm Ge ISS Vo

Animals of the water are not to be eaten except for fish and it is
disapproved to eat those [fish] which [have died and] float on the surface.

Yop Bol bh IST jigs g ale Wy So 5dI TL Hb Vy
al als 3
There is no objection to eating the hagfish and the eel [which is called in

Persian] the marmahi and it is permitted to eat locusts and there is no [need
to] sacrifice them.

UDHIYAH — SACRIFICE

ee 09, Bem 92 peas ples p> IF Ne daly ds
Sacrifice is incumbent upon every free Muslim man, who is resident and
[financially] well-off, on the day of Adha.''’°
wee Holy JS OS cade «peal oly ye 9 Aad OF Poh
dame 96 By | By cod 9] LE
He should slaughter [an animal] on his own behalf and on behalf of his

minor child. He should slaughter on behalf of each of them a sheep or goat or
he should slaughter a camel or a cow on behalf of seven [persons].

Aouol dlibly pial le ads
It is not incumbent on the needy and the traveller to sacrifice.
AlN all eg ge pail ¢ gle Jaw dmc 5s s
Lol cual! BSUe olay) bear ce coil glass Ja 5529
Jl ¢ lb sa b pod ol gud Jal
The time of the sacrifice begins at dawning of the fajr on the day of
sacrifice (nahr), except that it is not permitted for those living in cities to
slaughter until the Imam has offered the ‘Id prayer. With regards to village
inhabitants, they may slaughter after the dawning of the fajr.
Ova Oley 9 6 pl x ell 2505 3 opie 3

[Slaughtering] is permitted for three days; the day of sacrifice (nahr) and
two days after it.

Had MW eV Miele i gely gllacledl oa Vs
clin! Vg

One may not sacrifice blind, one-eyed and lame [animals] which cannot
walk to the place of sacrifice, nor [does one sacrifice] emaciated [animals].

3N LEST FST 8d BI Vy Sly O35 de ghee ts 54 Vy
Sle CSN y SS ge FM LB OL 9 less
It is not sufficient [to sacrifice] an [animal] which has a severed ear or tail,

nor the [animal] a major portion of whose ear or tail is missing. If the larger
[part] of its ear or tail remains then [that] is permitted.

Vey cb Dy gably LLL pe ol pots

It is permitted to sacrifice a hornless [animal], one that is gelded, scabbed
or mad.

GAS DS cy 554 ceil Sadly LY! o- dsuels
(5 58 Ate ALI 3G OLA) YI laclal

Sacrifice is [only] of camels, bovine animals and sheep and goats

(ovines); it is sufficient for them each to be thani'!”4 or above, other than the

sheep for which a jadha‘!!”° suffices.
og cel BBly LAE gabe 9 ol dys Sky
One may eat from the meat of the sacrifice, feed [it to] those who are not
in need and to the needy, and one may [also] store [some of] it.
gl lease Grad 9 ENS ye Ba)! aan Y Miiaddeadig
It is recommended not to give less of it in sadagah than a third.''’° He

may give its hide as sadaqah or [he may] make an instrument from it which
may be used in the house.

ell spe OF Ol ony Anau 2| roe Ol aN 9

It is better for someone to slaughter his own sacrifice [animal] with his
own hands, if he slaughters well.

BES ond She g

It is disapproved for one of the People of the Book (kitabi) to slaughter it.
Vel SM dowel Lge oly JS pod Ody Lhe 15 5

Legale dlio Yo Ligic

When two men err and each of them slaughters the sacrificial animal of

the other, it suffices on behalf of both of them, and there is no liability against
either of the two.

SKY OLS
AYMAN — OATHS

BB PE 9 Bboare UE 9 ccgak Qe eel BW Je OKA

There are three types of oath:

1. A false oath (yvamin ghamus),

2. An enacted oath (yamin mun ‘agidah), and
3. An unintentional oath (yamin laghw).

4d GIS dards yale yal fe GUID som rgedll Qed
gaa 9 Ay gi MUS BUS Vy clgrbe ly ik nad ode’
The false oath is the oath about a past matter by which a lie is intended.

This is the oath by which its exponent becomes sinful. There is no expiation

for it other than repenting and seeking forgiveness.
gl clad I put pel fe Colt hm bade neds

5 ASI axe3) MS 3 Sum 1313 alae Y

The enacted oath is the oath someone swears about a future matter that he
will do it or not do it. If he violates that, expiation is binding upon him.

gale ly, Ss Wl stg Vol go 5 redl od gd aioe pls
The unintentional oath is that someone swears about a past affair thinking

that it was as he says, but the matter was contrary to that. This [type of] oath,
we hope that Allah # will not take its exponent to task for it.

9 loll jes crs ce) que ely 0 SLI s ned 3 olay!»
el gw 5@2 Luli gl laKe ade

Someone who intends an oath, and someone who is coerced or absent-

minded are the same [with regards to oath-taking]; whoever does that which
he swore an oath to do under coercion or absent-mindedly it is [deemed] to
be the same.

Bly CAME cabled ye ely gl TLS Wl qadls
Ags VY) aS pS 9 eg Al BpaS cass Sli oy dae 3\
Mak Og Y ale «alll whe»
The oath [is made]:
1. By Allah 4s,

Or by one of His names like ar-Rahman (the All-Merciful) and ar-
Rahim (the Most Merciful),

Or by one of the attributes of His essence, like ‘the honour of Allah’,
‘His majesty’ and ‘His magnificence’,

but not by saying ‘by the knowledge of Allah’ for that is not [counted as]
an oath.
A Abadeng AW) ead cJadl lie oy die ile Sls
WE 9%
If someone swears an Oath by the attributes of action, such as ‘the wrath of

Allah’ and the ‘displeasure of Allah’, he is not considered an oath-taker
(halif).

adhe Al be edlT WE 5S 3 SWS abl pes le 329

Whoever swears an oath by [something] other than Allah # is not an oath-
taker (halif), such as [by] the Prophet *, the Qur’an and the Ka‘bah.

:AS9a5 ol gil: pani) 39 m9 <qendll $9 poe all |,
AU raga eldly cal rabgaS eldly cally
The oath is [made with] the letters of oath, and the letters of oath are
three:
1. The waw (,), like one’s saying, “wa’llahi — by Allah!”,
2. The ba’ (x), like one’s saying, “bi’llahi — by Allah!”, and

3. The ta’ (e), like one’s saying, “ta’Ilahi — by Allah!”

aS net) y all» A) gS dle OgR8 39 tI pod S29

Sometimes, the letters of oath are implied so that one is [still] an oathtaker
(halif), like one’s saying, “Allah!!!” I will not do such-and-such.”

pod call Goon JB SL Sle all amy die gl Je

Bley

Abu Hanifah, may Allah have mercy on him, said that when one says, “wa
haqqi ’llahi — by the right of Allah!” he is not an oath-taker (halif).

Calet» ol ccdleln ol «aL awl gl (endl Jie V3! 9
al> 949 «aL sgily gl cagaly ol CAL

When he says:

. “Tl swear,”

. “I swear by Allah,”

. “T swear an oath,”

. “I swear an oath, by Allah,”

. “T testify,” or

. “T testify, by Allah,” then he is an oath-taker (halif).

MD UB WN Fe

(Adieg»y «AN Age g» alge NAS 9
Likewise, his saying,
1. “By the compact of Allah,” and
2. “By His covenant.”
NS 998 <All yy gl «3 je: J18 Og
If he says, “A pledge is binding on me,” or “The pledge of Allah [is
binding on me],” then it is an oath.
ry Le 9 gl 3) p23 3 Sra BE AS obs ol» Ss O) 9
lc OS « 3S i 3 nts

If he says, “If I do such-and-such, then I am a Jew, Christian, Magian,
idolator or a disbeliever,” it is an oath.

NAS g ¢ Blow pbb cabled gl Wl ude fadr JBI
SSI» 3l (pF VU yley ri CN} bE AS eas Sly J Ol
lau ond? «ch
If he says, “Upon me be the wrath of Allah,” or “...His displeasure,” then

he is not an oath-taker (halif), and likewise, if he says, “If I do such-and-such,
then I am a fornicator, drunkard or usurer,” then is not an oath-taker (halif).

Expiation for the Breach of Oath
Ob g Wl 3 5s b Led HIF AS) He sped BLS
Ad j 9A leobisly lj Lol i toly IS YS Lard ate LS elt
MUN E US B PLLYIS (pS Led te gab eld) 9 dal
Slates ll B50 ple Sou AS odasel Je ae Job

The expiation for [the breach of] an oath is to set a slave free, for which
that [slave] who is sufficient in the [case of] injurious comparison (zihar)
suffices.''”° If he wants, he may clothe ten destitute people, each with one
Sarment or more, and the minimum is that in which prayer is valid. If he
wants, he may feed ten needy persons, like the feeding for the expiation of
injurious comparison (zihar).''’? If he is unable [to fulfil] any of these three
things, he should fast for three consecutive days.

5% J Ed fe HLS 08 Ob

If someone advances the expiation prior to the violation [of the oath], it
does not suffice him.!!°°

ry oll IS Y sl cha SS yl Jha cAyans le Wale yoy

Whoever makes an oath for [to perpetrate] a wrong action, for example
that he will not pray, that he will not speak to his parents, or that he will kill
so-and-so, should render himself a violator [of the oath] and pay the expiation
for [the violation of] his oath.!!*!

WS caeHhe| day gh «ASTI J SB Ee> 0b SIS! ale 131 5
als bs
When a non-Muslim swears an oath, then later violates [it] in the

condition of kufr, or after becoming Muslim, there is no [guilt of] violating
[an oath] upon him.

O| adeg cleyX pay J She k yt and be ye ay
Whoever prohibits himself something which he owns, it does not become

prohibited [for him], but if he [then] permits [himself] it, an expiation of the
[breach of] oath is due from him.

Y\ col pa3\o lal)! ss 362 cel as JM> SS» Se jv
If someone says, “All permissible [things] are unlawful to me,” then that

is [understood as being] in terms of food and drink, unless he intends
otherwise.

a ACTA Aulad alles \ 45 ys 3
Whoever vows an unconditional vow must fulfil it.
pal, ots elds) aad bo SSI to gd bias gle Ol s

If someone attaches a vow to a condition and the condition exists, then it
is incumbent upon him to honour that very vow.

JW 13) Jeg WS Se amy BLS Vi ary dase LI ol says
dAK al be By ri (Aww e312 4\ (dom jes WS ead Ob
MUS all amy dot S98 gy cue LS US ye ol sol
It has been reported that Abu Hanifah, may Allah have mercy on him,
retracted that [verdict] and said, fidieaes someone says, ‘If I do eee
such, then a hajj is obligatory upon me,” or “...fasting for a year...,” or “...

[giving as] sadaqah whatever I own...,” it is sufficient for him to ane the
oath. This is also the verdict of Muhammad, may Allah have mercy on him.

Swearing an Oath Not to Enter a House, etc.
Aad) gl deed! gl Aw! [oud ky Jou Y Gale syeg
Sit, Sel a

Whoever swears an oath [that] he will not enter any house, and he enters
the Ka‘bah, a mosque, synagogue or church has not violated [his oath].

G 2 Akal § SLB 8 IK Y Ol le 30

Whoever swears an oath not to speak, then recites the Qur’an in the prayer
has not violated [his oath].

J SUES 4653 A poy Gs le Gack Y ile pee
BIS UES Ly gry Ll! ode So Y Vale 13) Sg chat
Cm aclu oJ geese J SL
Whoever swears an oath [that] he will not don this [particular] garment
whilst wearing it and he removes it immediately, has not violated [his oath],
and likewise, if he swears an oath that he will not mount this [particular]
animal whilst mounted on it and he immediately dismounts [from it], has not
violated [his oath], but if he remains [mounted] for a moment [longer], he has
violated [his oath].
go cageDy Lat Med gang slulllode Jdsu Y ake gyag
Jr oO TF
Whoever swears an oath [that] he will not enter this house whilst inside it,

has not violated [his oath] by sitting [there] unless he exits [it and] later
enters [it] again.

oA JUS Ilo Je blo Jeu J Ule psy
Whoever swears an oath [that] he will not enter any house, and [then] he
enters a derelict building, has not violated [his oath].
Syles Cel le Ae b> s2 lui 5a jhe N cal Ors

Whoever swears an oath [that] he will not enter this [particular] house,!!**

and he enters it after it had been demolished and become desolate, has
violated [his oath].
Sat J erg ete Jd SII le Joe Yale gay
Whoever swears an oath [that] he will not enter this [particular] home,!!*°
and he enters it after it has been demolished, has not violated [his oath].

Ses UgalS 05 O18 Lyall’ BB og IG Y GI > yay

Whoever swears an oath that he will not speak to the wife of so-and-so,
and that person divorces her, then later [the person who swore the oath]
speaks to her, he has violated [his oath].

els Ob slo Jew YT gl OMS wor HRY ol ale jy
Sah J jal Joo9 Ael IS 5 ols ghoks OMe
Whoever swears an oath that he will not speak to the slave of so-and-so,
or that he will not enter the house of so-and-so, and [then] that person sells

his slave or his house, then later [the person who swore the oath] speaks to
the slave and enters the house, he has not violated [his oath].

aalS gi aeld SLiLbN lis Cole dS Yb ols

Le ds Al OL We lS YO} al 13] WASg hae

If one swears an oath that he will not speak to the owner of this
[particular] large outer garment (pallium), and [the owner] sells it, then later
[the person who swore the oath] speaks to him, he has violated [his oath], and
likewise, when he swears an oath that he will not talk to this [particular]

youth and he speaks to him after [that youth] becomes an old man, he has
violated [his oath].

Swearing an Oath Not to Eat Food
ae ATR LES slab Jad ea LITLY ola ol y

If one swears an oath that he will not eat the meat of this [particular]
foetus [of an animal], [then later] it [develops and] becomes a ram and he eats

[of] it, he has violated [his oath].
Lat le gg ABM ode ye ISL Y Gi ae oly

If he swears an oath that he will not eat from this [particular] date-palm,
[the oath relates to] its fruit.

J ASS Ley plead pdt Whe ge JTL Y Ol le yey
Set J dey ITI py JTL Y ale Sg tat
Whoever swears an oath that he will not eat this [particular] unripe date,
then [later] it ripens and he eats it, he has not violated [his oath]. And if he

Swears an oath [that] he will not eat any unripe date and he eats a ripe one, he
has not violated [his oath].

gh wc See Wide |e JOB bby ISL Y of Ge ols
ALS al ae) dace
If he swears an oath that he will not eat a fresh date and he eats an unripe

one [which is] ripe at its rear, he has violated [his oath], according to Abu
Hanifah, may Allah have mercy on him.

Sit J Hed ab ITBLS JTL OF Ale 2s

Whoever swears an oath that he will not eat meat and then eats the meat of
fish, has not violated [his oath].
ge Eat Jeb ge bd des eo Voll gs
JS al ary die gid dS rg S

If someone swears an oath that he will not drink from the [river] Tigris!!°*

and drinks a pot from it, he has not violated [his oath] until he sips a sip from
it [with his mouth], according to Abu Hanifah, may Allah have mercy on
him.

Sam Bh ys G pd dled cle yo a YG le yey

If someone swears an oath that he will not drink from the water of the
[river] Tigris''®° and drinks a pot from it, he has violated [his oath].

AB} Uy JS aed che tye ISL Y Ol ale yey
ss is

Whoever swears an oath that he will not eat of this [particular] wheat and
then eats of its bread, he has not violated [his oath].

whim oS Gye IST Gal Lin ye ISL Y SIG 4
If he swears an oath that he will not eat of this [particular] flour, and then

eats of its bread, he has violated [his oath], but if he puts it into his mouth just
as it was, [then] he has not violated [his oath].

If someone swears an oath that he will not speak to so-and-so, and he talks

to him such that he could have heard him but that he was asleep, he has
violated [his oath].

> BTL pla dy td OSB 55h VY] 4d Y Ge OI s
ho. ENS:

If he swears an oath that he will not speak to him without his permission,
and [the other] permits him but he does not know of the permission to him
such that he talks to him, he has violated [his oath].

992 AL Joo elo JX dalad Sey Sl lena! 151 5
Aol anys SN de
When the governor (wali) requires from a man on oath to tell him of every

indecent person who enters the city, then that applies to [the term of] his
[own] governorship only.!!°°

5 93 oe alo LS 53 OMe alo oid jp a By al cy3
ho Z y

Whoever swears an oath that he will not mount the animal of so-and-so,
and then mounts the animal of his authorised slave, has not violated [his

oath].
Jeo gh clgodan be ad95 yllode [oo Y ol ile yey
US! BIEN 13] Eesy OUI Sle 3 Uidy Sy coum Lajlas
Sut JL yb of
Whoever swears an oath that he will not enter this [particular] home then
stands on its roof or enters its foyer, has violated [his oath], but if he stands in

the arch of the door in such a way that if the door was closed he would be [on
the] outside, [then] he has not violated [his oath].

HESS! 90 eotl AS 943 cel gts JOLY ee O38
sts

Whoever swears an oath that he will not eat roasts, then that applies to
meat [only] and not to aubergines and carrots.

ool ye cedar be Ne 968 Hebel ISL YI Ol le sg

Whoever swears an oath that he will not eat cooked food, then that applies
to whatever meat is cooked.!'°”

SUI 3 pa be fe aired cng MISE Y oi ale yes
cA Seles

Whoever swears an oath that he will not eat heads, then his oath applies to
what is cooked in ovens and sold in the city.

AST ALY Jal sins be fe aid pL ISL Y of le yes
Sat J BI Sl SN 5S of Bhd 55 JST OB ls
Whoever swears an oath that he will not eat bread, then his oath applies to

what city inhabitants are accustomed to with regards to eating bread. Thus, if

he eats gata’if bread (a pastry), or rice bread in Iraq,''®° he has not violated
[his oath].

Jd Ge S38 ale Yl G Ha sl ae Vol ale Gs
See J MA

Whoever swears an oath that he will not sell, buy, or lease [anything], and
then authorises an agent who does that [for him], he has not violated [his
oath].

ds 9) boy be led Way de lt Vol le oss

Whoever swears an oath that he will not sit on the ground, then sits on a
rug or on a mat, he has not violated [his oath].

393 pe Le ped op mw de lt Y ol Ue ys
SoA J ae pled S11 pp aby dee O) 9 ice bLY
Whoever swears an oath that he will not sit on a [particular] bed, then sits
on a bed upon which there is a rug, he has violated [his oath],'!°? but if he
places another bed on the top of that [particular bed] and sits upon that, he
has not violated [his oath].!!°°
aim ald abghs ale old 315 de ely Y ol Ub oly
CaF J age eld,51 E13 4598 Jam Ol s
If someone swears an oath that he will not sleep on a [particular] mattress
and then does sleep upon it, and a blanket was [spread] over it, he has

violated [his oath], but if he places another mattress on the top of it and
sleeps upon that, then he has not violated [his oath].

Cie Wo cairo Mare cal elo ly Soy crow ale jpeg
ads
Whoever swears an oath and says, “in sha’ Allah (Allah-willing)”

attached to his oath, there is no violation [of the oath] upon him.!!¥!

Swearing an Oath on Time
592 Aovall della! Je 1igd plc! Of asl) Ge os
5 yaa

If one swears an oath that he shall definitely come to him if he can, then
that is [dependent] upon the ability of health and not [of] capacity.!!9

568 Me gh dh gl bLj gl Ke ad Y ol le oly
AU gery boty Livy le asl WIS, etl dew Je
le
If he swears an oath that he shall not talk to him for an appointed time
(hin) or a period (zaman), or for the appointed time (al-hin) or the period (al-
zaman), then that is for six months. And it is likewise [if he uses the word]

time (ad-dahr), according to Abu Yusuf and Muhammad, may Allah have
mercy on them.

Li BE Je ged EL! IG Y ol ale 9s

If he swears an oath that he will not speak for some days (ayyam), he is
[bound by the oath] for three days.
dase al ric elldnte fe 949 LW ad Y ol be gs
rr. ds Ul Lye wuss dw gl M89 «SLs all ae,
Fel bl de
If he swears an oath that he will not speak to him for days (al-ayyam),
then he is [bound] for ten days, according to Abu Hanifah, may Allah have
mercy on him. Abu Yusuf and Muhammad, may Allah have mercy on them,
however, said that he is [bound] for the days of the week.!!%°

gl we seth Bde Ue 548 gg Ad Y Ol Ue
MLS aU Lge) ety Civ ge gl SB, Sho all ary dage
ree te gol Le ot
If he swears an oath that he will not speak to him for months, he is
[bound] for ten months, according to Abu Hanifah, may Allah have mercy on

him, but Abu Yusuf and Muhammad, may Allah have mercy on them, said
that he is [bound] for twelve months.

ll aS SAS Jats Vale 131 9

If he swears an oath that he will not do such-and-such, he is to abstain
from it forever.

ASB pdsole dpe alesd iS lead le Ol
If he swears an oath that he will definitely do such-and-such and he does it
once, he has fulfilled his oath.
Saoly dye Ub OSB cash YI ailal ¢ FY Ge gay
Ay Vy hee 433) pie 6 S18 Cad gb Coe yp ce 3d
eI > JS 3 O59! ur
Whoever swears an oath [that] his wife will not go out without his
permission, and he gives her permission once, so she exits and returns, then
later she goes out again another time without his permission, he has violated
[his oath]. There must be a [separate] separated authorisation for each time
she goes out.
lady CaS ob Bel; 5 0 A 3318 «EU OST GIS > SB Oly
Se J 453) pe
If he says, “...unless I permit you,” and he permits her once [only], then

later she goes out after that without his permission, he has not violated [his
oath].

2 & she oe SSM 9 lsd gases Y ol le 131 5
a gredhg «Sol eat J) pglall Bho Ge eleally «gb! J)
el & gle SI SU ead
When someone swears an oath that he will not eat breakfast, then
breakfast [refers to] the meal from the dawning of the fajr up until zuhr
[time], supper!!?* (‘asha@’) is [the meal] from the zuhr prayer until midnight

and the pre-dawn meal (sahur) is [the meal taken] between midnight up until
the dawning of the fajr.

JB O! 9 Gel Ogos se 43 J ayo add le oly
45D oe IS 568 Ae dp
If someone swears an oath that he will definitely pay off his debt soon

(garib),''¥° then it [is whatever] is less than a month,''”® but if he said, “...
later (ilG ba‘id),” then it is more than a month.!'%”

Led So aendty gis G Sd sll ode Sine Yale See
Whoever swears an oath [that] he will not reside in this [particular] home,
and then he himself leaves it but keeps his family and luggage there, he has
violated [his oath].
al Lad yet la (ad 3\ ely) hae] Vale ‘peg
Whoever swears an oath [that] he will definitely rise up to the sky, or

[that] he will definitely convert this [particular] stone into gold, his oath takes
effect and he has violated [it] immediately following [the making of] it.‘!?°

andaay OE Jong pd olaid @ gS! ano USE Gals Cale 9

latory Oly BEI at J dire gl cdojgs ol by 5

Sim dyin sl Lele,

Whoever swears an oath [that] he will definitely pay off his debt to so-

and-so that [very] day,'!’? and he pays him, then later that person finds that

some of it is counterfeit, false or owned [by someone else], the person who

swore the oath has not violated [his oath], but if [the creditor] finds it

[completely composed of] lead or spurious, [the person who swore the oath]
has violated [his oath].

A Aga aid wy? O92 yo au. jad Y Uale jyx9
Bote dae at > Ct
Whoever swears an oath [that] he will not take his debt dirham by

dirham,!?°" and he does take some of it, he has not violated [his oath] until he
takes all of it separately.

BOIS Joe VW] egy JELS J O65) 9 8 ae> 928 Ol
eps MS and (WOOF

If he takes [repayment of] his debt in two [separate] weighings between
which he did not occupy [himself in anything] other than the act of weighing,
[then] he has not violated [the oath], and that is not [considered to have been

done] with separation.!?!

aSl> el 5a | (A ej
Whoever swears an oath [that] he shall definitely come to Basra [or any

other specified city or location] and he does not come, before he dies, he will
have violated [his oath] in the final stage of [all] the stages of his life.

DA‘WA —- LAWSUITS

ye adhe edly AgS 5 151 de geadl fe pt V ge 1 call
degad| le ns
The plaintiff (mudda‘t) is whoever is not compelled [back] into a litigation

whenever he abandons it, but the defendant (mudda‘a ‘alayhi) is whoever is
compelled to litigation.

ov Oy NS 9 Anim 3 leglas Ks Shy cm 6 6) La Vy

5 92NL Led pity Lalam| lS ade sally oye ol

ged SSopale (SS J oly

The suit is not accepted unless [the plaintiff] mentions something specific

in its type and [in] its amount. Thus, if it is an item in the possession of the
defendant, he is charged to present it so that he may point it out for the claim,

but if it is not present, he must mention its value.

dilg cade oil 2 2 asl 559 cood> Iylic ol ols

ay Alley ail 53 del bli SIF Ol yy ade

If [the plaintiff] sues for real estate, he should define it and [also] mention
that it is in the possession of the defendant, and that he (i.e. the plaintiff) is
seeking it. If it is a personal right, [the plaintiff] should mention that he is
seeking it.

Bel S18 clgie abe cc ola SLs 5 gel cone [3
928 Lapa lb aad call JLe SGT lg cly ade p28
Lge Atlan! daar (ns lbeg US ye joe Sle cl,

When the suit is established, the judge (qadi) questions the defendant in

relation to it. If he confesses, [the judge] decides against him in it, but if he

denies, [the judge] demands evidence from the plaintiff. If [the plaintiff]
produces [the evidence], [the judge] decides by it, but if [the plaintiff] is
unable to do that and he demands an oath from his adversary, [the defendant]
is made to swear an oath upon the suit.
gl AS Valet 3 rol wlbs (Opole AL Sd» SB SI
BLS all aay dam
If [the plaintiff] says, “I have evidence present,” and he demands an oath,

[the defendant] is not made to swear an oath, according to Abu Hanifah, may
Allah have mercy on him.

AU 3 Ad) Se be diy Li Vy call de Ged a5 Vy
giel
The oath is not returned to the plaintiff.1°°

Evidence from the person who owns the property is not accepted in
unspecified ownership. !*°°

Le Ae jis J SIL als go nod Ale ead JSS \s\ 9
Ade £9)
When the defendant refuses to take the oath, the judge decides against him
on the refusal to take the oath (nukul), and whatever has been claimed against
him becomes binding upon him.
BIE Hod le U2 61 Sp rd Joh al WwW ay 5
ESE Byall 5 S Udy coleal ke thle C28] y cle Os
J SSL abe 925 OI ys
The judge ought to say to him: “I offer you [to take] the oath thrice, so if
you do take the oath [it is better], but if not, I shall decide [the case] against
you regarding whatever he has claimed.”

When [the judge] has repeated the proposal three times, he decides against
him on the refusal to take the oath (nukul).

dam gh ae SOM Caley J LEG 6 esl CWS Os
dS abl az)

If the claim is of marriage, the defendant should not be administered an
oath, according to Abu Hanifah, may Allah have mercy on him.

(GySlo ce! (3 ells (Aam yIl 9 7 3 ahaa) Nog
ald! 9 d9d2\ eV gly C tte Sl COM Yio
He will not be made to swear an oath in [the cases of] marriage

(nikah),'*°* a revocable divorce (raj‘ah),'*°° the rescission of an oath to
abstain from sexual intercourse with one’s wife for a period of four months or
more (ila’),'*°° slavery (riqq),'-°’ the paternity case with a slave-woman
istilad),'-°° paternity (nasab),'*°° clientage (wala’),!*!° cases involving hadd

p y g g
punishments!*"! and imprecation by both parties (1i‘an).!*'*

>9d2 3a Y AS ANS 3 het Ls al Ler) Ve,
OLN
They,'*'? may Allah have mercy on them, however, said that one is
administered an oath in all of these [cases] except in [the cases of] huduid and
li ‘an.
a Lel aeiy Legis daly ISp ST bE SSI L591 1315
CIS Legis Holy IS (69) Oly begin ly (pad aad! Lily
re p23 eps (yf od>\ g) Ae g andl Lal3l 3\ vel
Lfus 3| yl Bd
When two persons claim one [and the same] item which is in the
possession of another, and each of the two alleges that it is his, and both of
them establish evidence, [the judge] decides in that [to divide it] between
both of them.!*!* If each [one] of the two claim to be married with one [and
the same] woman, and both of them provide evidence [to his own claim],
then he (the judge) does not decide on [the basis of] either of the two pieces
of evidences, and he resorts to the confirmation of the woman of either of the
two [claimants].
Ll g Lal I lm aie 6 REI Ai gio tol y IS GLI oo! Sls
apes head) aad JEN ol Ol IDL Legis Joly JSG Seg

If two persons make a claim, such that each of the two [claims that he]
bought this particular slave from [a third party], and both of them provide
evidence, then each of the two has a choice:

1. If he wants, he may take half of the slave for half of the price,'<!» or

2. If he wants, he may abandon [the claim].
‘os + « ed No Less! Je Lege 2 coll (529 OF
dare JEL Ol SU
If the judge decides between the two!*!° and one of them says, “I do not
want [my half share of the slave],” it is not valid for the other to take the
whole of him.

A Ng lege Sa 9g2 LELG Ligis toly IS SS ols
4 Sol 9¢b Wad LAuel wey 4 6 Ld,
If each of the two mentions a date,'-!’ then [the slave] belongs to the

earlier of the two,!+!® but if they do not mention a date and one of the two has
[current] possession [of the slave], he has more right to him.

Np Aud Lally Lads dem SV oy elo Leel cool ols
PN oe dl ol Sb Lge eb

If one of the two claims [to have acquired the slave through] ‘purchase’
and the other [claims to have been given him as a] ‘gift’ and they both took

‘possession’, and both of them establish evidence with no date [of ownership]
for either of them, then the purchase has more right than the other [claim].

Lege ante Lemay 33 al SIM ccoly cl a LAset col ol s
©) qu

If one of the two claims [to have acquired the slave by] purchase and the
woman Claims that [the other party] married her by [giving] him [as a dowry
to her],'*!° then both of them are equal [in their claims].

dal pe JB Lads dum Sy Lads sy lPsel cool ls

If one of the two claims [the slave was placed with him as a] pledge along
with [his having taken] possession, and the other [claims] [he was given him

as a] gift along with [his having taken] possession, then the [person given
him as a] pledge has more right.

Fo WN) bead Fe sbdlg OU de 2nd! OE a5 Shes

dal eos

If two people who do not have possession establish evidence of
peop p

[ownership of] property and a date [of ownership], then the one with the
earlier date has more right.

dol JEG PAIS fo LN Bly tals ce el td! Leal Ol s

If both of them claim buying from one [and the same] person, and both of
them establish evidence for two [different] dates, then the [purchaser who
bought it on the] first [date] has more right.!?7°

VS 39 SSN oye ol SN de Aull Legis domly IS ol\ ls
el gw gd LAG

If each of the two establish evidence of purchasing from the other
[person], and both of them mention one [and the same] date, then both of
them are equal.'¢*!

Isl OS 4G pss elke de

If an individual not having possession provides evidence of a dated

ownership and someone having possession [also] establishes evidence of
prior ownership, [the latter] has more right.

GL day Legis toly JF AN Coles cbt oll ols
Jl a3! Go bed
If an individual not having possession and someone having possession

both provide evidence regarding offspring'** [of an animal], then the person
with possession has more right [to the claim].

NAS s cOw>| 9 oye Y! Te Yl ASS ced NAS 9

It is likewise [the case with] the weaving of clothes which are woven only
once, and every cause of ownership that does not repeat.!°7?

Lee oly JS ll Oba «dal all Gabe OW aie ef cll

be Sle bgae Ge Vy A Oe el Sl Ue Al

If the individual not having possession provides evidence regarding
unqualified ownership, and the one with possession [of it provides] evidence
of purchase from him, the one with possession has more right [to it]. If each
of the two provide evidence of purchasing [it] from the other and neither of

them has a date [of purchase], both evidences will contradict!*** each
other. !22°

e\ gw Lygd dar yl SV ig paelé Gueskl sol els Sls

If one of the two claimants produces two male witnesses, and the other
[produces] four, both of them are equal.!*7°
oy ISS OW (lel Beer) one as Leola’ ea (P39
en at 3B ISS Og yeleaddl aaj) patil! 99 Ld rod
St 9) >
Whoever files for retaliation (gisds) against someone, and [the defendant]
denies [it], is administered an oath. If he refuses to take the oath which is for
retaliation for something other than for homicide,!**’ [the sentence of]
retaliation is binding upon him, but if he refuses to take the oath for
retaliation for homicide, he is detained until he confirms [the charge] or takes
the oath.
Lege Gis Vl ae5h : SLs aU Lge) ety caves oil SEs
Abu Yusuf and Muhammad, may Allah have mercy on them, said that
compensatory payment (arsh) is binding upon him in both [cases].
Nas Ahely And jb pele aro dy ged! JIB N31 9
cll 55 Cissy

When the plaintiff says, “I have evidence with me,” it is said to his
adversary, “Give him a guarantor for yourself [within] three days.” !*7°

BN de yg OS ONY] caeag re al Vg Sod OL
gol! ple ylides A059
If [the defendant] does so [it is better], otherwise, the order is given for
someone to assiduously accompany him, unless he is a stranger on a journey,

in which case he is assiduously accompanied for the measure of [the court]
session of the judge.

al celal Oe Anis 9 4| rol lian Ade skh Je Sls
Ain dogaad WB EUS Je dig ably «ais ataé gle gnie aia)
ell oe 3
If the defendant says, “Such-and-such an absent person has entrusted me
with this thing,” or “...he pledged it with me,” or “...I expropriated it from

him,” and he produces evidence for that, then there remains no litigation
between him and the plaintiff.

ae 962 COONS OMG Cpe etal J OI g
If, however, he says, “I purchased it from so-and-so who is absent,” he
remains a litigant.
AS) Umble Slag «ans All Coe Dy ed JB Shs
dA 3) ndn5 3 at las «MG Accogly
Aagat| adAS J Ain! olbly (OS aneos
If the plaintiff says, “It was stolen from me,” and produces evidence, and

the one in possession of it says, “So-and-so deposited it with me,” and [also]
produces evidence, the litigation is not [deemed] abandoned.

Anis 9\» ASiomhe Sloe «58 Cyt al ed! JO 39
Aus _A3u de gad | cea CANS OSS
If the plaintiff says, “I purchased it from so-and-so,” and the person in

whose possession it is (i.e. the defendant) says, “That [person] so-and-so'**?
deposited this [item] with me,” the litigation is dropped without [production

of] evidence.

Oaths in Lawsuits
ables) Sy 15h 9 cone O92 UW al Holly
The oath is [sworn] by Allah, exalted is He, and none other. It may be
emphasised by mentioning His attributes.
Gla ‘Ig (cOUMbIL Vile Yo
No oath is administered [on the pain of] divorce or setting [slaves]
free, 1290
Abe ou ge Le ly ol W531 Ga AVL Goggd! Valery 9
Aud Ade gant Le Sos tl S31 GU ADL GL pally eds
A Jew is administered the oath, “[By] Allah Who revealed the Tawrah to
Musa (Moses) *£),” a Christian [the oath], “By Allah Who revealed the Injil

to ‘Isa (Jesus) “8!,” and a Magian [the oath], “By Allah Who created fire.”
They are not administered the oaths in their [respective] houses of worship.

IK Vy Slay had de od! Less 4 Vy

It is not incumbent to strengthen the oath upon the Muslim by [requiring it
at a] time?! or location.!?°?

AL Valor! ote IL OLS IAD ‘ys a 25| el eg
any be A along Yo 4d 5B ae LX bs
Whoever claims that he purchased from this [defendant] his slave for a
thousand [dirhams], and [the defendant] denies [that], [the defendant] is
required to swear an oath by Allah that: there is no established sale between

the two of you regarding [the slave]. He is not required to swear the oath, “By
Allah, I have not sold.”

Ya Gill ode a) Ale gon be WL rast! 8 be 2
cat be UL ales Yo clgred 2)

In [the case of] expropriation, he is required to swear an oath by Allah
that: he has no right against you to take back this item, nor [to require] the
return of its value. He is not required to swear the oath, “By Allah, I have not
expropriated [it].”

JEN 3 SB IS LEY b all cI 39
In [the case of] marriage, [the oath required is], “By Allah, there is
currently no marriage enacted between the two of you.”
Wy aS Le dels thes SL ce Le all GMb 569 bs
Ngll bad e
In the case of a claimed divorce, [the oath required is], “By Allah that, as

she describes, she is not finally divorced from you at this time.” He is not
required to swear an oath by Allah that he had not divorced her.

Miscellaneous Claims
My gg LPs! GUI bales! Joy yb lo Col Ol s
wolals kel | sui art! olalb aI Lalil 9 (ganas
all Lager) Vbs «Ths al amy dine Ul ue kay Halll
If a building is in the possession of a man [but] two people lay claim to it,
one [claiming] all of it and the other [claiming] a half of it, and both of them
produce evidence, then the claimant of the whole [of the building] has three-
quarters of it and the claimant of the half [of the building] has a quarter of it,
according to Abii Hanifah, may Allah have mercy on him. They,'*’’ may

Allah have mercy on them, however, said that it is [divided] between them
both in thirds.!*°*

Be Mebead aredtl old crcke Lycasl bls il gy
elLeral| A>9 ee Y gays s celica) | A> 9
If the building is in the possession of both of them, it is surrendered to the

claimant of the whole, a half of it by way of legal judgement, and a half of it
without legal judgement.

oe Cond Lal diy Ligue dels JS ell Alo 3 lejls \d\ 9
Oh g «dal 542 Cnt ytd se BPloe LIV Geng LAE LSSo
Legua dS ells, (SCSI

When two people have a dispute regarding an animal, and each of them
produces evidence that it was born with him, and both of them mention a
[different] date, and the age of the animal corresponds to one of the two
dates, then [that claimant] has more right [to the animal], but if that [also]
becomes confusing, then it is [shared] between the two of them.

ele glare 3 Vy USL esol Alo fe lejls 151 5
Pus Se ANS 9 lye le jks \>\ MAS y edi US| J
du Lael led le jihs (31 W555 dol bod! Wala’
dol po WE aS Glare SI,
When both of them dispute regarding an animal, one of the two being
mounted upon it and the other holding its bridle, then the rider has more right
[to it]. Similarly, when both of them dispute a camel, and upon it there is the
load of one of them, the owner of the load has more right [to it]. Similarly,
when both of them dispute a shirt [when] one of them is wearing it and the
other is holding on to its sleeve, the one wearing has more right [to it].
FS \ SUS geal glib g AEM cob aS gota lath abs 51 »
ally ane 35 SIEM e519 aed ye pAb SLI Biel gl Ave
AS CIS diy Logie oly JS elo) 9 ed pad digdl Lael
6 ReaD JB Aig legis domly IN SS J Od glook jb anal
lw SBy aS Sud] y SU oles! 5b) yadL 6255 OIL
tod) WY) 5 all or 6 REN ole al Le has lel
When two traders dispute about a sale in which the buyer claims a price
and the seller claims more than that [amount], or the seller acknowledges an
amount of the commodity and the buyer claims more than that, and one of the
two produces evidence, [the judge] decides in favour [of the one who

produces evidence]. If each of them produces evidence, the evidence that
establishes the excess is stronger. If neither of the two have evidence, it is

Said to the buyer, “Either you agree on the price that the seller claims, or we
repeal the sale,” and it is said to the seller, “Either you submit that
commodity which the buyer claims, or we repeal the sale.”

S969 Ne lagi oly JS SLI abel Lele J Ob
Ladin aed) cel) Hed ale 1913 cs FEMI Mon rte 9 1 yl

If both of them are displeased, the judge (hakim) requires an oath from
each of them against the claim of the other. He begins with the oath of the
buyer. When both of them have sworn [their respective] oaths, the judge
repeals the sale between them.

PV 5969 403 ned ge Asal JS Ob
If either of the two refuses to take the oath, the claim of the other is
binding upon him.
Sl any clad sl LS bs bool NI bas 5
Ant as SoM 9 AD Ke 5 SB S gills Legiy WE

If both of them disagree about the deadline,'**° the option stipulated in the
contract (khiyar al-shart),'*°° or the furnishing of a portion of the price,!*°”
then there is no swearing of oaths between them. The [legally decisive]
Statement is the statement of the one who denies the option (khiyar) and the
deadline, with his oath.

ddim sh ace Whe J yoill § WEI Faull ele Of »

JBy cy Bg ALN S95 J gy TLS WI Lge) ey uly
MA) 408 Se all ene 9 OW Lbs alll ary ot

If the object of sale (mabi‘) perishes,'*’* and then later they differ
regarding the price, they do not swear oaths, according to Abu Hanifah and
Abu Yusuf, may Allah have mercy on them. The [legally decisive] statement
is the statement of the buyer with regards to the price. Muhammad, may
Allah have mercy on him, however, said that they both swear oaths, and the
Sale is annulled upon the value of the [commodity] that has perished.

NB dae SH SI AUS! 2x2 YI ds alae, das
ds ANI AP) Lot J 98 gro ENA And 9

If one of two slaves [being sold together] perishes, '!*’? then later they both
[the buyer and seller] differ about the price [of that slave], they do not take
oaths, according to Abu Hanifah, may Allah have mercy on him, unless the
seller consents to abandon the share of the [slave] who has perished. Abu
Yusuf, may Allah have mercy on him, said that they both swear oaths. The
Sale is repealed with respect to the living [slave] and to the value of the
[slave] who perished, and that is [also] the verdict of Muhammad, may Allah
have mercy on him.!**°

TL Lema 55 ail 9 5 eo pall B ley 5) LSI 131 5
LAT Of y catty OLS aad BT Le «dl gems j3n I,
al ws WE dng LA OSG SF ol g col Ml dee Ada Aad Las

Jeu oe SE “Ny cS gon 99 SS Al amy dam

When the two spouses disagree about the dowry, the husband claiming
that he married her for a thousand [dirhams], and she saying, “You married
me for two thousand,” whichever of the two produces evidence, his [or her]
evidence is accepted. If both of them produce evidence together, the [legally
decisive] evidence is that of the woman, but if she does not have [any]
evidence, [then] they both take oaths, according to Abu Hanifah, may Allah
have mercy on him, and the marriage is not repealed, but it is adjudged that
the customary dowry [a woman of her standing would receive] (mahr al-
mithl) [be paid].

IM SB Le 2d Jal gh oo 5M ay Gjcl le fee olf ob
ON g «BLM areal Le ged ATT ol ai MI azeol le ee OT Os
al Ml areal Le Jal cope Biel PSN SEM ge OWS

If it is the same as what the husband acknowledges, or less [than that

amount], [the judge] decides according to what the husband says. If it is the
Same as what the wife claims, or more [than that], [the judge] decides
according to what the wife claims. If the customary dowry [a woman of her
standing would receive] is more than what the husband acknowledges and
less than [that] which the wife claims, [the judge] gives judgement that she is
to receive the customary dowry [a woman of her standing would receive].'**!

lal So Wt ale ogtall clacul 13 oyleYl 3 akst (51
When two parties'*** disagree with regards to a lease before the objective
is achieved, they take oaths and repay each other.!**°
poked JB Sill Wy Whe J ola oa SH | »
If they differ after the achievement [of the objective], they do not swear
oaths, and The [legally decisive] statement is the word of the employer.'***
Ais)! Funds We ade dotall an clacul te LSI Oly
Aig pe pe liall J 98 aU 3 9S OSs BLS
If they differ after the fulfilment of a portion of what has been contracted
upon, they take oaths and the contract regarding the remainder is repealed.

The [legally decisive] statement about what is already past, is the statement
of the employer [together] with his oath.

dam gluse, JAIL GSI ab gli ales M151 9

ASN penitig Whee LS Leger WB SLs abla,

When a master and a slave who has contracted to buy his freedom
(mukatab) differ with regards to the property of the contract to buy his
freedom (kitabah), they do not swear oaths, according to Abu Hanifah, may
Allah have mercy on him.'**° They,'**° may Allah have mercy on them,

however, say that both of them swear oaths and the contract to buy his
freedom is annulled.

962 Sle WW crazed Cad! eles B Oley 5 ab! I] 5
Sal gb LA cha: leg Bl pel ggd eLuill las leg «Jel

When spouses differ with regards to household goods, then whatever is

useful to men is for the man, and whatever is useful to women is for the
wolnan, and whatever is useful to both of them is for the man.
Lege PLU 543 eLadl s

If either of the two [spouses] dies, and his heirs differ with the other

[spouse], then whatever is useful to men and women is for the survivor of the

two. 1247

Uglies 548 Le dl UM) ada bs Wary cag gl JBy
cI Buy
Abi Yiisuf, may Allah have mercy on him, said that the woman!**° is
given the like of what she would normally be furnished with, and the
remainder is for the husband.!**9

Sele Oe ui oleals Ay Seles do > he) a \a\ 9
ca Ay el dely SLI ol 948 ek age Gye pet te ye BBY 4
gl Wl S562 aes fall oleol Oo get op 9 al ean
Bal StS) g set ode:
When a man Sells a slave-woman and she bears a child and the seller
claims him, then if she had delivered him within less than six months from
the day that he had sold her, he is the son of the seller, and his mother is umm
al-walad to him [the seller]. The sale is annulled and the payment [is]

returned. If the purchaser claims him [together] with the claim of the seller or
[even] after it, then the claim of the seller is more rightful.

SBS Syren oye JBY 9 gcd ate Cpe ATV a Sele ls
SPAM abt, DIY] cad SLI 960

If she bears him after more than six months but less than two years, the
claim of the seller is not accepted for that unless the buyer confirms it.‘*?°

eal Rs oy AN a Sele Ad9 ei oleols NJ) le Ol 9
AM gL Ig Ge

If the child [of the slave-woman] dies and the seller claims him, and she
had delivered him in less than six months, the paternity [of the seller] is not
established, nor is the mother declared umm al-walad.

peel Stee tye [BY oy Sele by Als! clea’ eWesk ol s
JB BalS allan 9 Sb odds Ni )) 3 dre Cen Oe
dar op dls alll Lgry Vib, dls alll ary dace yl
I Aa dp Yo cial
If the mother dies and the seller claims [the child], and she had delivered
him in less than six months, his paternity of the child is established, and the
seller takes him [into his custody] and returns the full payment [to the
purchaser], according to the verdict of Abu Hanifah, may Allah have mercy

on him. They,'*?! may Allah have mercy on them, say that he returns the
share of the child not the share of the mother.'*?°

Whoever claims the paternity of one of a pair of twins, his paternity of
both of them is established.!*°°

Soll ssl Ok
SHAHADAT — TESTIMONY

IS] Ula agen Wy cladlol oogill oj 42,5 sdolgt
Testimony is an obligation which the witnesses are bound to discharge,

and it is not permissible for them to conceal it when the plaintiff demands [it]
of them.

Fd g BY 9 fall yy eli ed 9H apt h dalettly
CSW SS tn J gd 23 SI 8 JUL ages oh os al YL Leal
Kp» J gH Ye
In testimony concerning hudud, the witness is given the choice between
concealing or disclosing, but concealing is better, except that it is incumbent

upon him to testify with regards to the property in [the hadd of] theft, and so
he says, “He took the property,” and does not say, “He stole.”

yp Aas NU gd pens ESM Bol gl Ugee Sl yo Ne Bolg idl
elu Saks Led bas Vg Se
Testimony is of [various] levels, of which there is testimony concerning

unlawful sexual intercourse. For this four men are a condition and the
testimony of women is not accepted for it.

che) Bal gt Gd Lusi coladlly agit! Lay dale itl reg
cLudl dolet ys [ss Yo
Testimony for the other infringements of the limits (hudud)'*°* and

retaliation (gisas); for them, the testimony of two men is accepted and the
testimony of women is not accepted.

Say gl Gey dolgb [gd J Ged! Go 3 Gye bey
BALI) 9 7S jae Sle re al Nl. 3h NS e| gw cyl alg
And 9) lg AIS slg
In other rights, the testimony of two men or one man and two women is
accepted, irrespective of whether that right is a property or something other
than property, such as marriage, divorce, agency and bequests (wasiyyah).
aller Y age 3 Lidl Coally Illy SVs S Se
Sal 9 Bi yal doled Sle MN ade
For childbirth, virginity and feminine blemishes in areas which men do
not behold, the testimony of a single woman is accepted.!*°°
de od OW cdalgtll Abadly Mad go IS WS 8 wv Yo
Airlgd Ms) asl ol ls SBo Salgdsl alas sald

In all of these [cases], being a credible witness (‘addlah)'*°° and wording
[indicating] testimony (shahddah)'*°’ are necessary, so that if the witness
does not mention the wording of testimony and says, “I know...,” or “I am
Sure...,” his testimony is not accepted.

gabe Sh 9 coggidl ye Shey 5b < poleailly ag) 5] oh

Ns | 3 A Agarscpeee Pai ai cs

BS all Lg det y tng gl JB pe Sons ote ona
ASMallg poll 3 gis Sy OILY:

Abu Hanifah, may Allah have mercy on him, said that the judge (hakim)
confines himself to the apparent probity (‘adalah) of the Muslim, except in
contravention of the legal limits (hudud) and [cases of] retaliation (gisds)
where he investigates the witnesses.'*?° And if the litigant impugns them,
[the judge] investigates them. Abu Yusuf and Muhammad, may Allah have
mercy on them, say that it is important that he investigates into them in
private and in the open.

alle LSM y aall fie dud aK Od be AP aol
gets Sldangely gi Lalas EUS now lb gS UL ) gc \aall g
Brg J 9b Vy col al Ag bl J ge 9 cade aed J OI g cy
Whatever the witness undertakes [in testimony] is of two types:

First, that whose ruling is established by itself,!*°? for example sale,
confession, expropriation, homicide and the judgement of the judge (hakim).
So, when the witness hears that!-°? or sees it, it is permitted [for him] to
testify to it, even if he is not asked to testify. He should say, “I testify that he
sold [it],” and not say, “He has made me a witness.”

N33 akg) be alg! de caundry doe Gad Ye diag

NV Gales de sg old 54 J gts Agty Wel aoe

ANS fe sgde SI asludl

[Another] example of [testimony is the second type], that whose ruling is
not established of itself, for example, testifying to testimony. So, when
someone hears a witness testifying to something, it is not permitted for [the
second person] to testify to the testimony of [the witness] unless [the witness]
makes him a witness [to the testimony]. Likewise, if he hears him calling a

witness to testify to his testimony, it is not for the listener to bear witness to
that.
poles 55a SIV) age Ol abs col (3) wala [4 Vy
It is not lawful for the witness, when he sees [his own] script,'°! to
testify, unless he remembers the testimony [well].!~°?

Acceptable and Unacceptable Witnesses
AED) p25 Boga di Yo hall Vgc coeds La Ys
clic 4s gy ANs)| bol gt Vo cots We 9 ods) AS 3 olga Yo

Testimony is not accepted from:

1. The blind,

2. Slaves,

3. Someone convicted of hadd [punishment] for unsubstantiated
allegations of sexual misconduct (qadhf) — even if he repents, nor is

4. The testimony of a father [in favour] of his child or his grandchild
[accepted], or

5. The testimony of a child [in favour] of his own parents or grandparents.

Yo ode dhl Bales Wy SIU peg Sol dokes LB Ve
eg pt ye gt ed AK SEL SN dole Vy ca sIK

Testimony is not accepted from:

6. Either spouse [in favour] of the other, nor is

7. The testimony of a master [in favour] of his slave [accepted], or [in
favour] of his slave who has contracted to purchase his freedom
(mukatab), nor is

8. The testimony of a [business] partner [accepted, in favour] of his
partner concerning that in which they have partnership.

AatgadY Jo MN dolgd Justis

The testimony of a man [in favour] of his brother or [in favour] of his
paternal uncle is accepted.

ww ped) spoke Vg cae Vg dod Vo Eee bole Ls Vy
3h oe Ye le gp Ye Go dd Cok Ce Vo c gall de
he lL Jas Gye Vy ad le Gla A SLES ge UL
LB ISL gy Ye oh!

Testimony is not accepted from:

9. An effeminate person (mukhannath),

10. A professional mourner (nd’ihah),

11. A [professional] female singer,

12. Someone who is a drunkard for the sake of amusement,'*°°

13. Someone who has a bird hobby,!*°*

14. Someone who sings for the public,

15. Someone who practises major wrong actions to which hadd
[punishments] are attached,

16. Someone who enters the public baths without a loincloth,!°°

17. Someone who consumes usury (riba),

dase! SLI Jae oe Vo goats Wb WU Ys
ye BS ua Vg che gM de ITV yg «5p dM de J gd

18. Someone who gambles with backgammon and chess,'*°° and

19. Someone who practises disgusting acts such as urinating in the public
roadway, eating on the path [etc.],

20. The testimony of someone who openly abuses the first community
(salaf) is [also] not accepted.

du lbd-| Y| el gal jal doles |nsie

The testimony of the people of erroneous views (ahl al-ahwa’)'*°’ is

accepted, except [that of] the Khattabiyyah.'*°°
ceeglle Cl Ol 9 yas Se agar doll jal dalgd aig
sill ds BA! dalge JAG Vy
The testimony of the dhimmis against each other is accepted, even if their
religions differ.
The testimony of a non-Muslim from a land at war with the Muslims

(harbi) for or against a non-Muslim living under Muslim governance
(dhimmi) is not accepted.

BE Of Jed Olt dl ye HEI OLD! OT Oly

dyark JO) grt ols JS!

If the good deeds [of a man] are predominant over [his] bad deeds, and the
man is one who abstains from major wrong actions, his testimony is

accepted, even though he may commit acts of disobedience (minor wrong
actions).

Bile DN Bolgy Up aly 9 gably ABW doles LBs

The testimony of the uncircumcised, eunuchs and the illegitimate [person]
is accepted, and the testimony of a hermaphrodite is [also] valid.

Conformity of Testimony
Sad J gral Ol g hd 6 gel Sal gt)! tal 9 (3! 9
When evidence conforms to claims, it is accepted, but if it contradicts
them, it is not accepted.
Aa) dam gl ue sally Lil 8 ppaclisl Gla pow »
Legals Jud J al 3531p ah esol ags ob Shs all
Lge) Wot grtwg gl JE 9¢ dls alam, die ul ue
AIL pas DLs alll
The unanimity of two male witnesses in word and meaning is taken into
account, according to Abu Hanifah, may Allah have mercy on him. So if one
of the two testifies for one thousand, and the other for two thousand, their
testimony is not accepted,!*°? according to Abii Hanifah, may Allah have
mercy on him. Abu Yusuf and Muhammad, may Allah have mercy on them,
however, say that it is accepted for one thousand. !*””
Sally Ble uty HL SV, Ul lel vgs ols
ail, Legale 213 a5be puts WI oe
If one of the two testifies for one thousand, and the other for one thousand
five hundred, and the plaintiff claims one thousand five hundred, their
testimony is accepted for one thousand.
CLS Kao Ls pe gre ol 28 » LPsa! J, SL lige I3| 9
SV Sle yan [gir old 4] gS nome dy dl Lyroles
BL age VST US phe 13) Wal aay 9 GST dae gy
Ble ya 2b ail call boo
When both of them testify that it was one thousand, and one of them says,

“He has [already] paid him five hundred of that,” their testimony regarding
the one thousand is accepted but his statement, “He has paid him five

hundred of that,” is not listened to unless another [witness] testifies with him.
It is essential for the witness that when he learns that, he does not testify
regarding the one thousand until the plaintiff confirms that he has taken
possession of the five hundred.

Al LST igdy Ke peg Joly 5 OI laos gs idl y
rly asl Naas wl os I ae | grotm| 9 4355 L >I as J
SBS SBM pdm oS ly ioddy le Cae
When two [male] witnesses testify that Zayd was killed on the day of
sacrifice (nahr) in Makkah, and two others testify that he was killed on the
day of sacrifice (nahr) in Kufa, and they get together with the judge (hakim),
neither of the testimonies is accepted. If either of the two [testimonies]
precedes [the other] and [the judge] gives judgement according to that, then
later the other [testimony] emerges, it is not accepted.!-’!
YJ De SH Vy Ys Tor de dole cola aan Vs
Als gov le
The judge does not listen to testimony of invalidation (jarh) or negation
(nafy), and he does not issue a verdict based upon it, except that which is a
right [for someone].!*’
Saghly Ceadl S caylea f euoiy Agdy OI dali 5 94 Vs
oy Ages Gl dame BE galt Ayo Jews cy
2s pk 0 nS \3\ LS
It is not permitted for a witness to testify [regarding] that thing which he
did not see with his own eyes, except for paternity, death, marriage,
consummation and the jurisdiction of the judge. He has the capacity to testify

regarding these when he considers the one who informs him of them to be
reliable.

Yo cag dete Y cas Aa 3 dle saltsl Js ool 5
elailly 9431 3 Las

Testimony against testimony is permitted in [the case of] every right

which does not lapse due to an ambiguity, but it is not accepted in cases of
hadd punishment and retaliation (qisds).

Bags Sati Vg ccp dale doled be rrmls doles 5 Ho
A>| 9 oles J A>| 9
The testimony of two [male] witnesses against the testimony of two [other

male] witnesses is permitted, but the testimony of one [male witness] against
the testimony of one [other male witness] is not accepted.

Agel 16 BI sald ol wali J 9b Of olgbyl dies
WBS ace 3) OM gel OW Ol agel GI Gols Ue
Audi Se Gagils
The procedure of testimony is that the witness of the source (shahid al-
asl)'’° (or primary witness) says to the witness of the subsidiary (shahid al-
far‘)'*’*(or secondary witness), “Testify to my testimony that I bear witness

that so-and-so, the son of so-and-so, confirmed to me regarding such-and-
such, and he has made me a witness for himself.”

Sle aati fe Gagtl Je JO!»
If he does not say, “He has made me a witness for himself,” it is [still]
valid.
IK ovis 31 UE Gl agtl rela wwe pall told J gb »
Ma; sgt UE WL, Golgd fe agth db Sy
The secondary witness, at the delivery [of his testimony], says, “I testify

that so-and-so confirmed to him regarding such-and-such, and he said to me,
“Testify to my testimony regarding that,’ hence I testify to that.”

\gaate gh Lol ogg Soge Ol & al ogg doled ai Ys
oS EN al) gm

The testimony of the secondary witness is not accepted unless [all] the
primary witnesses die, they are absent at a distance of three days [travel] or

more, or they fall ill to such an extent that, due to it, they are unable to attend
the session of the judge (hakim).
Oe Nye OL y Se Ep! o9¢% Se o9gt Jue ob
pA 3 Ald! ee 9 Sle eghvs
If the secondary witnesses declare the primary witnesses to be honest it is

valid, but if they remain silent regarding their honesty, it is [also] valid, and

the judge [then] investigates their'*’° circumstances.

& pM aged algd JB J baled Lol oggt SSI Ol»
If the primary witnesses decline to testify, the testimony of the secondary
witnesses is not accepted.
‘Soudl Bopgtl yg role b So alae dice gl JB,
Aug ly po dacs SLs abl Leary WBy coy 501 Vo
Abu Hanifah, may Allah have mercy on him, said regarding false
testimony, “I publicise him in the market but do not give him a discretionary

punishment.” They,!*’° may Allah have mercy on them, said, “We beat him
painfully and imprison him.”

AR-RUJU‘ ‘AN ASH-SHAHADAH — RETRACTION
OF TESTIMONY

o ns “ ' ” ani ‘ae h :
wk cet Ly. eS ne woke OF 2965 wm \3\
wel Glee Vy
When witnesses retract their testimony prior to a ruling [being made]
upon it, their testimony lapses and there is no liability on them.

wee m9 9 SH Fate JM gary od ecoleds KS Ob
pe rley gill be Sle
But if judgement has been passed based on their testimony, then later they

retract [their testimony], the judgement is not repealed and they are liable for
whatever damage they have done with their testimony.

oS EI Spare I & se) ces Vo
Retraction is only valid in the presence of the judge (hakim).
JN lend Lem ob 4p pS Kod Sle Glass gs 13] y
ea Spore LPdo| amy O) g cade ogqciell
When two [male] witnesses testify with regards to property and the judge
(hakim) decides on the basis of [their testimony], then later both of them

retract [their testimony], they are both liable for the property to the

victim.'*”’ If one of the two retracts [his testimony], he is liable for a half.!?”°
poy OL 9 che Ole WB gated aad BG JUL 1¢4 O! »
SU ayes Glael SI yon 31

If three [witnesses] testify and one of them retracts [his testimony], there

is no liability against him, but if another retracts,'*’”’ both of the retractors are
[together] liable for a half of the property.

Ol G4 RI ee Bl ol Came SUL yly Jey Age SI
If one man and two women testify, and one woman retracts [her
testimony], she is liable for a quarter of the right, but if both the women
retract [their testimonies], both of them are [ jointly] liable for a half of the
right.
Ohe WE ete Bgud OU aa bpd phey Joy de4 Ol s
BAI ay Spel de SS S Pl ey OY cgede
If one man and ten women testify, and eight of those women retract [their

testimonies], there is no liability against them'*°°, but if another!° retracts
[her testimony], then the women are [liable] for a quarter of the right.'?°

Bg) Se 9 SFI de Jol ded elds Jol ay obs

lege) VGo dls all ary dare luce Gli pluie

ras! dgud) beg aad Jos fe: She alll

If the man and the women [all] retract [their testimonies], then on the man
[there is liability for] a sixth of the right and on the women five-sixths of the
right, according to Abi Hanifah, may Allah have mercy on him. They,!**°

may Allah have mercy on them, said that the man is liable for a half, and the
women are [ jointly] liable for a half.

ISN 3 Wghie pee shade CISL a yol fe Glrale sgt Os
a Lamy oS SEN pee pe BL et Ol g eed Glee Bam) gd
re NEE BI pal 9 5 ony de ng 15] WIS SLaas Lede
Bal 3M Lead Lea od JEM pee ye JTL lag Ol 9 Jal gl Lelie
If two [male] witnesses testify against a woman regarding marriage

according to the amount of dowry customary for someone such as her (mahr
al-mith] or more, then later both of them retract [their testimony], there is no

liability against them. If they testify for less than the customary dowry, then
later retract [their testimony], they are not liable for the loss,'*** and likewise,
when both of them testify against a man that he married a woman for the
amount of the customary dowry or less — but if they testify for more than the
customary dowry then later retract [their testimony], they are liable for the
eXCess.

Meenas gf Leey ob JN gh AaB oe esd ae gt Oy
Shedd Lind dodo JBL OT Os

If [two male witnesses] testify to the sale of something according to the
customary value’? or more, then later retract [their testimony], they are not

liable [for anything]. If, however, it was for less than the value, they are both
liable for the loss.

Lamy a Le Spb Ul JS ail pl gl ol Joy de Mage ol s

inns J Je Wl ae OIF Sly pall ee Le

If they testify against a man that he divorced his wife before
consummation with her, then later they retract [their testimony], they are

liable for half the dowry. If, however, [the testimony] was [that he divorced
her] after consummation,'°° they are not liable [for anything].

If they testify that he freed his slave, then later they retract [their
testimony], they are both liable for his [the slave’s] value.

Legis paths Vp cdl ind Jol de lenyed plablagt lls
If they testify regarding retaliation (gisds), then later they retract [their
testimony] after the killing [of the accused], they are both liable for

compensatory payment (diyah), but retaliatory punishment is not awarded to
them.

gird & sill ogg amy 3g

If secondary witnesses go back [on their testimony], they are liable.

ASS Seg Dloggbagss Jol Bby JoVogee ama! s
| gone CULE » ealirgtl» | Ss Oo) weal Slee Me

If primary witnesses retract [their testimony] and say, “We did not make
the secondary witnesses as witnesses to our testimony,” there is no liability
upon them. If they say, “We made them witnesses but we have erred,” then
they are liable.

3 \oble» gl «hod! 29g WAS » FA! dog J Ol s
Ms Noah J (agers

If the secondary witnesses say, “The primary witnesses lie,” or “...they err
in their testimony,” no heed is paid to that.

2364 ee Ole ¥l olay LIL day jl age l3ly
\gied, J QLamyl

When four [males] testify regarding unlawful sexual intercourse (zind)
and two [male] witnesses [testify] regarding ihsan,'*°’,'°° and the witnesses
to ihsan retract [their testimony], they are not liable [for anything].

\ giant AS 5 ye 6 95 pl tao '\3

When those who declare people to be worthy witnesses!*°” retract their

[testimony] that [those people are] worthy (tazkiyah)'*°° to be witnesses, they
are liable.!7?!

| gam) ~ 4 5N\ agg Olaalig Goth Slaals age iss
Aol Croll 2941 be lal

When two male witnesses testify regarding an oath, and two male
witnesses [testify] regarding the presence of a stipulating, then later they [all]
retract [their testimony], the liability is upon the witnesses of the oath in

particular.!*?"

ld Glal OS

ADAB AL-QADI — CONDUCT OF THE JUDGE

Sokal Ltt Lali & net > SWAY na ¥
lee Jal ye 09% 9
The appointment of a judge is not valid unless [all] the conditions of
[being] a valid witness!*?° are united in the appointed person (muwalld), and
he is a jurist capable of reaching an independent judgement (mujtahid).!***

0K 94nd B 595; laundry BY heLAdI aS SUL HL Ys
AS BL add be ol Vy cate jorll GH lag J dal
There is no objection to someone undertaking the position of being a
judge who is sure about himself that he will fulfil its obligations. It is,

however, disapproved for someone to undertake it who fears his incapacity
for it and is not secure in himself [from committing] injustice in it.“

Le Wy AY lle: ol ae Yo
One should not seek appointment [as judge] nor should one ask for it.
als cr) gala Shes ad) ole cLadl 3 we oy

Whoever is made a judge, the register (drwan) of the judge prior to him is
surrendered to him.

DAN BJ OB Bay Wake Ja jal SB bb JST ges
opal 3 pglatun gale col co ardor Jovy

He investigates the condition of the prisoners. So, whoever of them
acknowledges a right,'*’° [the newly-appointed judge] binds him to it,'*?’

and whoever denies, [the judge] does not accept the statement of the [ judge]
who was removed [from office] unless there is evidence.!*”? If evidence is
not produced, he does not rush into releasing [the prisoner from prison] until
he has announced [a claim of a charge] against him and sought [disclosure] in
his case.

eo le am Ne Jord cS isll Flay log S ee s
oy § 9 ee Sh ol dtl an

/
ii
- &

He investigates deposits and the incomes [generated] by endowments and
he acts according to what is established by the evidence, or what the person
in whose possession they are acknowledges.

Jig jal! SN ody 3 9 GH Bey GIS So jal J 98 jb Vo
2 a) 99 Sis adi ole

He does not accept the statement!*”? of the [ judge] who was removed

[from office] unless the one in whose possession it is acknowledges that the [

judge] who was removed [from office] submitted it (i.e. the evidence) to him,
and so he accepts his statement about it.

Howehl Sal Ligle SEI ley

1300

The judge sits in open session’’~~ in the mosque.

Sale Sym ot gl cats IF pry Vase J Ys
lols ei) bo

He does not accept gifts except from an un-marriageable relative (dhu
rahm mahram), or from someone who had made it his custom to give him
gifts prior to [his appointment to] judgeship.

dom 9 BHU Neds 9 cdole ON i Y\ 096) pax Yo
en

He does not attend an invitation [to a meal] unless it is general.'°°' He
attends funerals and visits the sick.

He should not show hospitality to one of two litigants without the other.
JLB y alt! 3 Late Gg | pam 13

When both [of the litigants] are present, he should treat them both equally
in seating?’ and attention. !°"°

do axl Vo cad) ty Vp cl®sol le Vy

He does not speak in confidence to either of them nor does he make
gestures to him, and he does not prompt him with any argument.

a CALE pee Gel oele lbs cone gti os Idk

one ISB ane tel OB eagle be aba opel y cence loens

4\ 6? pal Jwo 9 a yey co S am Jka ye You As})
MUS 9 ghiS din ao5 I

When the right has been reliably established in his view and the one in
whom the right is vested (sahib al-haqq) demands that his debtor be held in
custody, [the judge] does not hasten to take him into custody. He orders him
to pay what he owes.!°"* Then, if he refuses, [the judge] detains him, in
[respect of] each debt which is binding on him, in lieu of property which has
come into his possession such as the payment for goods loan and in lieu of a
loan, or which is binding on him because of a contract, such as dowry and
standing surety.!°?°

Ag pb Sky OV pid B} SIG 15] US 6 gr Ld at Vo
po, 3 Sb ae Sly 5 BW oh op pet ant SE ol
Slab oy 9 ain Sgt Vy ale Lo Sle al

[The judge] does not detain him for anything other than that if he says, “I
am poor,”!°"° unless his creditor proves that he does have property, [in which
case the judge] imprisons him for two or three months. Thereafter, he makes
enquiry about him. Then, if no property of his appears,'’?’ he sets him

free!°°® but he does not interpose between him and his creditors.'?°”

A man is imprisoned for [not paying] his wife’s maintenance.!?!°

ale GOW Gs actel 5) Vlog 2 BIg et Vy

A father is not imprisoned for his son’s debt, unless he refuses to spend on
[the son].

laaly gL) SV ed JS SoM clad 5 4s

The judgement of a woman is permitted in everything other than in cases
of hadd punishments and retaliation (gisds).
OU conic dy Ags 13! SefdI 3 caladl LI ald OLS Le 9
Oh g AsSoy Sg Bolgtdl Ke pale pad Le lyaet
Ls Reed Bag aIL Sg pK f deed Spam pe lyret
ad} osSM
The document of one judge to [another] judge is accepted concerning
rights, if [a litigant] testifies to him in his presence.'*!! So, if they testify
against a present litigant,'°'* [the judge] decides according to the testimony
and writes his decision.'’!° If they testify without the presence of the litigant,
[the judge] does not pass judgement and he writes [the details] regarding the
testimony so that the [ judge] addressed (maktub ilayhi) may pass
judgement.!°4
Hy pl yaly Joy gh celery Solgdy VY] OLS! Lb Vy
i] daha 9 ert 5 cated bel gd pad age OLS 2 ol
The document is only accepted with the testimony of two male witnesses,
Or one male and two female witnesses. It is incumbent that he reads the

document to them so that they may know what it contains. Then he seals?!°
it and hands it over to them.

dake ISB cqadl dnare Yl alae 3} celal J! des '5) 5

grt! OE OLS ail Lyagt (31 cress cL} 1 a] ogg
ald) dowd caetdy Lille ol Jy ASE le 3 WY] ao
| able aailly qual Je al is

When [the written testimony] reaches the [other] judge, he does not accept

it without the presence of the litigant.'°'° When the witnesses hand it over to
him, he looks at its seal. When they testify that, “It is the document of so-
and-so the judge. He handed it to us in the session of his verdict and [in] his
jurisdiction, and he read it to us and sealed it.” The judge opens it and reads it
to the litigant and binds him to whatever!?!” it contains.

elailly 903! 3 cola U) All OS Le Ye

The document of one judge to [another] judge in [respect of] hadd
punishments and retaliation (gisds) is not accepted.

M3 ad 29h SIV elas fe alse Ol Qo judy

The judge may not deputise [anyone] to pass judgement unless that
[authority] has been delegated to him.

gh LST CAH IY ol aa oS > Ke celal MY 05) 15] 3
ade WV Y8 Og shop lay gh Aud
When the order of a judge (hakim) is raised to [another] judge (qadi), he
endorses it, unless it opposes the Book [of Allah], the Sunnah, the consensus
[of jurists] (ijmd‘) or it is a statement for which there is no evidence.!?'®
aslis ogh yo pat SII] SE Se gall pa Yy
The judge does not decide against an absentee unless his representative is
present. !?!9
ONS N35 Sle aeSoe lye) 9 egty Mey OMey pK ISL y
When two men appoint someone as an arbitrator (hakim) between

themselves, and they agree to his judgement, it is permitted if he has the
qualifications!’° of an arbitrator.

9a) | 3 dodokl ewly cduadl 9 « BIST eS 554 Yo
rally « Sw lally

The appointment as arbitrator of a non-Muslim, a slave, a non-Muslim

living under Muslim governance (dhimmi), someone convicted of
unsubstantiated accusations of illegal sexual intercourse (gadhf), a
transgressor (fasiq) and a minor are not permitted.

Lege KH dbs poy I WeKedl ye oly IS

As long as he has not adjudicated between the two, each of those who
appointed another as a hakim (muhakkims) [between them] may rescind [the
authority].

Legos) bagel R= 15] 5

When [the arbitrator] adjudicates, it is binding on both of them.'**!

Alba Ald) gcolsacl ame 3il 95 golill Lace a5) l51 9

If he refers his verdict to the judge and it conforms to his madhhab, he
endorses it, but if it contradicts it, [the judge] nullifies it.

yolalls 2943) 3 eSoadl 5 54 Vs

The appointment of an arbitrator is not allowed in cases involving hadd
punishments and retaliation (qgisds).

A Rady AB Ye SU 28 LLL! 99 BLS OI 5
If they appointed [someone] as arbitrator in accidental homicide (dam al-
khata’), and the arbitrator issues a verdict that the group responsible for his

compensatory payments (‘aqilah) must pay a compensatory payment, his
judgement is not executed.'?°

J SDL gab 9 Ail! pone Ol 94s

It is permitted for him to hear testimony and decide refusal to take oaths
(nukul).

SEL atm yj g ody gr gp SLI Sey

The decision of the arbitrator in favour of his parents, his child and his
wife is void.

QISMAH — DIVISION”

Sry geen) SUN ep 2 48} yp Le rey Ol LW Le
Be endl, Lee Cara Jas JOG Bel pe LI
The leader (Imam) should appoint a distributor (qasim), whom he
provides for from the bayt al-mal,'°** [in order] to distribute [shares] between

the people without a fee [from them]. If [the Imam] does not do that, [then]
he should appoint a distributor to distribute for a fee.'?7°

Aoi Whe gale Suc Syaeo Ol ccadteg

It is obligatory that he be just (‘adl), trustworthy and one who knows the
[rules and methods] of distribution.

A>-| 9 el ss ysl seis! SE Yo

The judge does not compel people to [only] one distributor.'?“°

O98 fe ed 3 Vy

He does not leave the distributors sharing.!?*’

MLS al aay dase gl Ae egg hy rte We LMS a1)
eluai ya3 be SLs al Lgry VEy

The fees of the distributors are [paid according] to the number of the
heads of [the heirs], according to Abu Hanifah, may Allah have mercy on

him.'**° They,!°*? may Allah have mercy on them, however, said, “...
according to the proportion of the shares.”!°%°

\gc3\ dau ol lo mal Bo Plall re lS EN 2> IS
SS aU gary Vo 9 cad gone gaige leas get cm dhs
wbgks yond ail AaB US BSH, gepgil fel eens:
When those who share come to the judge and in their possession there is a
building or an estate,'°*! and they [all] claim that they have inherited it from
so-and-so, the judge shall not have it partitioned unless they establish
evidence of the death of [said person] and [of] the number of his heirs,
according to Abi Hanifah, may Allah have mercy on him.!%** They,!*°? may
Allah have mercy on them said [that the judge] apportions it according to
their verification,'°°* and he mentions in the document of division that he had
it divided according to their word.
Aeend sl po dl | geolg slaall gg Le SRAM SUM GIS Ol
lak pbs 3
If the property is shared (mushtarak), of that which is other than real

estate (i.e. is moveable), and they claim that it is inheritance, [the judge]
apportions it according to the saying of all of them.

egies Aennd og Heil o asd! 31 geo) Ol s

Regarding real estate, if they claim that they have bought it, then [the
judge] has it divided among them.

wei dom og)! SSI AS 19 Sh Jo MN geal Sls

If they claim ownership but they do not mention how it was transferred to
them, [the judge] [still] has it divided between them.

dtodd Anepaty atts lS iN Spe tory IS IS 15g

If each one of those who share derives benefit from his [own] share, [the
judge] has [the property] divided upon the demand of [any] one of them.'?°°
lb SLE cya A pare Sy aby: patel OO} 5

pnts J Md abe lb do ceed NI ole

If [only] one of them derives benefit [from the property] and the other
suffers loss due to the smallness of his share, then [in this case,] if the owner
of the large [share] demands it, it is not to be divided, but if the owner of the
small [share] demands it, it is not to be divided.

Legend a S] Lgeelty )_pyiations Lege tole JS GIS SI 9
If each of the two [who share] suffers harm, [the judge] does not have it
divided without the mutual consent of both of them.
DL ends Vg doy aie ye SSIS 13] 29 pall ents g
Lgwel e Yl) pan 3 gee
[The judge] has goods divided when they are of the same kind,'*°° but he
does not have two genera divided, one against the other, except with the
mutual consent of both of them.
pall Vy GEM pends Vi Dbs alll ary dase gl Ss
SED peeny 1 MLS abl gary Let y ery gpl SEs
Abu Hanifah, may Allah have mercy on him, said that he does not have

slaves and gems distributed,!?*’ but Abii Yisuf and Muhammad, may Allah
have mercy on them, said that he has slaves distributed.

Cat

AS 3 alu ONY Gey Vo Vo ele qn, Vy

He does not have public baths, wells or querns divided up, except when
those who share them mutually consent [to that].

dss BLS fe AS Lily gold ue OEyly pam 13 5
calle (oF ged SME Syl ogres ec! Billy B 3}
gS hy Amped GAR Sy SEY Cray cy pe
When two heirs come to the judge and both of them produce evidence of
the death [of the owner] and [of] the number of heirs, and [that the] building

is in their possession, and along with them [in the heirs] there is an heir [who
is] absent, the judge divides it up on the demand of those present and

appoints an agent for the absentee who receives his share [for him]. But if
they are purchasers, he does not have [it] divided up in the absence of any of
them.
cendy J are occ gl SW Syl fl yb Lad! OW Oy
wands Joly cule pam dls
If the real estate, or some [part] of it,'°°° is in the possession of an
absentee heir, [the judge] does not divide it up. If [only] one heir attends, he
does not have it divided up.
Be slo JS cred Bolg pre BAS fide 599 CIS N31 9
SS alll Lager WSs SLs alll amy dae gl S58 Bee
pend pan b yar dnd ob bol olf ol
When there are some collectively owned buildings in one city, each
building is partitioned individually, according to the verdict of Abu Hanifah,
may Allah have mercy on him.!*°? They,'**? may Allah have mercy on them,

however, said that if the division of some of the [buildings] for others is more
beneficial for [the collective owners], [the judge] divides them [like that].‘°*"

a> Je dols JS ead cigileg slo I days NCIS Oly

If [the collectively owned property consists of] a building and an estate, or
a building and a shop, he divides each one individually.
ashe 9 cab yds 9 caldas 9 cheuds Ley gras OI pull Sed 9
YS Ag Ah ly SU oe ee JS mpeg eld
wertlel oR 9 GS SS ere epee eed OS
SUly SIL ade Gy SIG Lyd th ob cde 3 elas »
Mol deul 2S ed dell 7 # oS cide deg IIL ab
33 oe als Lob r Ce alg oi! als
The distributor makes a diagram of whatever he is to divide and he does it

fairly.'°4* He measures it!’*? and he values the building. He separates each
share from the rest with its passage and its drain [included] so that there does

not remain any connection for the share of one of them with the share of the
other.!°** He writes [down] the names of [the co-owners] and he casts them
in lots. He then nominates one share as the first, [that] which is next to it as
the second, [that] which is next to it as the third, and so on. Then he draws
the lots. Whoever’s name emerges first has the first share, whoever emerges
second has the second share [and so on].
eer 2l eV] US y alll dead! S Jo Ve
Dinars and dirhams are not included in the division!**
[the heirs’ ] mutual consent.!°*°

except with their

Dofus 3 bp pb gl SY de 3 Jone ates gin ead OV
ON padd ace Jaeabl gp bel Gro Sal Old dul 3

dail) deed GRE FO! 9 PM i B ee 9 ern

If [the real estate] has been divided between them and one of them has a
rivulet'**” on the property of another, or a pathway which was not a
stipulation in the division,'**° if the diversion of the pathway and the rivulet
[away] from [the property of the other person] is possible, then he may not
take a pathway or rivulet in the share of the other, but if that is not possible,
the division is rescinded.

asd gle a} \augl od Jiu gle gl cad gle Y Jiu SIF 31 5
If there is a lower storey [but] no upper storey to it,!°*? an upper storey
[but] no lower storey to it!’°? or a lower storey [which does have] an upper

storey to it,'’°! each one is valued individually and divided according to its
value and it is not taken into account without that.

Lele CLS oll Ag 88 O ge liall Cakes! (31

1352 1353

When applicants for division differ, and two distributors testify,
their [the two distributors’ ] testimony is accepted.
Aw Y\ vs ss dyes a ela Aun) ss sgl A389

If one of [the applicants for the division] claims an error and thinks that
something has entered the possession of his partner [in the division] and he
[himself] had testified against himself of the full execution [of the
division],!°°* he is not confirmed in that [claim] without evidence.

J 5? Jol «Aaa odsly wo C i> Cad ginly Sl Ol s
If he says, “I have received my right,” and then later [says,] “I took [only]

a portion of it,” the [legally valid] statement is the word of his adversary!?°°
along with his oath.

de dete dy cM daluy ghd WS arte ll goheb JE al»
Ao cuit | Sed 9 le Kr = A0d5 ¢ ela Cau)
If he says, “[The portion] up to such a place [legally] fell to me but was
not surrendered to me,” and he had not testified against himself regarding the
execution, and his co-owner belies him, they both swear oaths, and the
division is rescinded.
Ae heed) peal) aie Lda! Cad pa Goel fs
AD po al ye 3 Aare aeyg dL alll aay dase Gl

Leu) | - wall Si al amy args gil SMBs

If someone is entitled to a share of one of the two, the division is not
rescinded, according to Abu Hanifah, may Allah have mercy on him, and he
resorts to that [amount of] portion from the share of his co-owner. Abu
Yusuf, may Allah have mercy on him, said, “The division is rescinded.”

IKRAH — COERCION

4g de ga be LR! Je pdb Ok em |3] aXe Oe ol ST
Lad ol OIS GILL.

Coercion — its [legal] ruling is established'*°° when it comes about from

someone who has the capacity of enforcing whatever he threatened, [be he] a
king or a thief.!?°”

Ol ds ol ale el pi Je gl calle ay te Ja M oS 1319
gh SALAS Jo 2 STy— oo aly sf paw th Jed Wk
LB OL EL 9g os Al sl pLS- Lb sh rst opal

aad erg adend lt O! 9 andl cael

When a man is coerced into selling his property, or buying goods, or
confirming a thousand dirhams for [another] man or to lease out his [own]
house, and he was coerced to do that with [the threat of] murder, severe
beating, or with imprisonment, '?°®
[and] so he sells'?°? or buys,!*°? then he has the choice:
1. If he wants, he may confirm the sale, or

2. If he wants, he may annul it and return the sold item.'°°

Aad OS S!y carl jel a8 le gh Gail (25 oS Ob
Abe 319 cor, 8 EB SIS Sf oa) ales djleb ld la Xs
O\ oKallg ated yard aXe pb gry o AEM wb all
cL S10 SUM space
If he had taken the payment!*°* willingly, then he has endorsed the sale,

but if he had taken the payment reluctantly, it is not an endorsement,'’°* and
he must return it if it is still in his possession. If the sold goods have perished

in the possession of the buyer, and he was not compelled, [then] he pays in
compensation its value, and the coerced person (mukrah) may receive
compensation from the one who applied coercion (mukrih), if he wants.!°°*

ANS Je oS B= pd opty oh EM ISL OI de 0ST Gey
Are BIE Le oS ONY cad Jt J 8 gh opt gl unre
ON dang US GLE 151d blieel yo ge Jo ol cau Jo
DIB cay deg Le de peas SI dane Wy cae oS Tle de aris
wT 948 ISL 39 4 Lyadsl > pe

Whoever is compelled to eat carrion, or drink wine, and he is coerced into
that with [the threat of] detainment, beating or fettering, it is not lawful for
him, unless he is coerced with something from which he fears for his life, or
with [harm to] one of his limbs. Thus, when he fears that, it is permitted for
him to proceed with whatever he has been coerced to do. It is not permitted
for him to patiently endure that which he has been threatened with. If he
endures it until they carry it out and he has not eaten [the carrion or drank the
wine], then he is guilty [of wrongdoing].

age all be Sle I dbs AVL, 21 fe 051131 3
OS ge LAL S13 9S J op? 3! gee 3) cAgky rly
BIS 1515 cased ye gee be ol cautd Je ae GE yok
Ns el \S\s (5) 9 9 6A 09 yal le ygla» Ru 9 EMS is
we, 39 JB > pe Ol 9 cade 6] ole? eke abs
by gee OIF 2S
If someone is coerced into rejecting Allah, exalted is He, or abusing the
Prophet * by [the threat of] fettering, detainment, or beating, then that is not
coercion until he is coerced with a matter from which he fears for his life or
[harm to] one of his limbs. Thus, when he fears that, it is permitted for him to
express whatever they command him with but to dissimulate. So, when he
says that and his heart is at rest in faith, there is no guilt [of wrongdoing]

upon him, but if he endures it until he is killed and does not express disbelief,
he will be rewarded.

gl chek fe aie BLE poly line Ile 6} Je 0ST Ol y
OF SU lds tS ats Gl dams ailacl ye ge Jo
0 SM ye.

If he is coerced into wrecking the property of a Muslim because of a
matter from which he fears for his life or [harm to] one of his limbs, it is
permitted for him to perform that [act or omission]. The owner of the
[wrecked] property receives compensation from the person who coerced
[him].

BoA2 9 AME PAL, | dames J opt JS Le Joe 0,51 3! 5
Sf aay ST gal de GolaBly LET IS abd Ob «Jae >
lacs Jaall olf

If he is coerced by [the threat of] being killed to murder someone else, it is
not permitted for him to proceed with that. He should patiently endure [the
pressure of the threat] until he [himself] is killed. If [the coerced individual]
kills [the victim], he is guilty of wrongdoing, and retaliation (gisds) is due
against the one who coerced him, if the killing was deliberate.

0S Ibe aby rtd ods Se gl cil vol Gb Je da S15) »
et Reads pm ys 9 egal dak a0 SI ill be aay 9 cade
Jd al bS GUN OWS Gh sit

If he is coerced into divorcing his wife or setting his slave free and he
does [that], whatever he was coerced into takes effect. [The person who was
coerced] resorts to whoever coerced him into [doing that] for the value of the
Slave, and he resorts [to him] for a half of the wife’s dowry if [the coerced]
divorce was [made] prior to consummation [of the marriage].

Mi Wary dae glassdlade cog bil deo Slo! y
sD) doz h J: DLs abl Lgay Wy Stel aa S ol Yl

If he is forced into [committing] unlawful sexual intercourse (zind), the

hadd punishment is obligatory upon him, according to Abu Hanifah, may

Allah have mercy on him, unless the Sultan compels him. They,'°°? may

Allah have mercy on them, however, said [that] the hadd [punishment] is not

binding on him.
aie a5 pel Sd Bo} de 051131 g

When someone is coerced into apostasy (riddah), his wife is not finally
divorced from him.!°°°

STYAR’**’ —- CAMPAIGNS

oe Sake NN ye Ged & lB 1S) LUI de (25 od
AS fe ll at Bl tol oD Ol 9 cals
Jihad is a collective obligation; when a group of the people establish it,

[the obligation] lapses from the rest, but if none of them establish it, [then] all
of the people are guilty of wrongdoing by its omission.!¥°°

Go gde J OI Cols (UNI Shay

Fighting unbelievers is obligatory, even it they do not initiate it against

us, 139

Yo got Yo Ol yal Yo CAE Yo (ge ts yh ne Yo
alas Noo crabs

Jihad is not obligatory for minors, slaves, women, the blind, the disabled
or amputees.

CF cl poled ae be mg Ah de gall ome ol
J gh 31 oe dally lems 5 OS! pee SLL

When the enemy attacks a city, repulsing [the attack] is obligatory on all
the Muslims: [in such circumstances] women go out [to fight] without the
permission of their husbands, and slaves without the permission of [their]
masters.

Lam gl dude ly poled GAN glo Ogclubl Joo 15] 5
Vgaitel OS) 9 cebld pe | gS gagle| IB cpdeYl UL) gages
dy 3 e\>\ AN er

When Muslims enter territory at war [with the Muslims] (dar al-harb) and
they lay siege to a city or to a fort, they invite [the inhabitants] to Islam. If
[the inhabitants] accept them, [then] [the Muslims] desist from fighting them,
but if they decline, [the Muslims] call them to pay jizyah.

west le egos Holual s ag lagi of
If they give it (jizyah), then they have [as a legal right] whatever the

Muslims have, and [the legal duties] due on them are whatever are due on
[the Muslims].!°”°

OI day VI cee! Bge9 als J Ge LE ol 94 YW
paged
It is not permitted to fight those whom the invitation of Islam has not
reached, except after [the Muslims] have invited them [to Islam].
NS Ay ee MI Bge sl aah ys 960 Glo 5

It is recommended to invite those whom the invitation of Islam has
[already] reached [before fighting them], but that is not obligatory.

wee \guaiy wag slg wade SLi Vb Island Io! ob
wall | salads coll pede Nglisly camgdiog «gsledl
we) | gdeadl
If they refuse,'?’! [the Muslims] should seek the aid of Allah, exalted is
He, against them and wage war on them. They should fire catapults!’ at
them and burn [their buildings and strategic positions]. They should unleash

water against them!?’° and cut down their trees and destroy their crops.

Ib sh pul plies oad OT OL 9 paery Urb Ys

There is no objection in shooting them [with arrows], even though there
may be Muslim prisoners or traders amongst them.

meses OF Ng} CILTL ol nelall Shes pei Ol s
Croll 592 JUS asl gas 9

If they shield themselves with children of the Muslims, or with prisoners,
[the Muslims] should not cease shooting at them [with arrows]. With the
shooting [of arrows, etc.] they target non-Muslims, but not the Muslims.

Kant SIT 15] pall aacieballgeladiel Sb url Ys
Lede eV BAS cL SoS scale yeh Lalas

There is no objection in taking women and copies of the Qur’an (mushafs)
with the Muslims when the army is great and there is confidence in it. It is
disapproved to take them in a detachment (sariyyah) when there is no
confidence in it.

ONY] coder G3 VY] dadl Vo clea sj GS VL SLL ola Vy

9) me
Women do not fight except with the permission of their husbands nor

Slaves except with the permission of their masters, unless the enemy
attacks.1°/4

| glide Yo | hie Wy cl glen Wy cla pte Y Ol pole) ar 9
9 OI lade Vo gol Vo LE Ed Vy Ln Vo all
| gly Vg Abe SIM 5 SS gh ott 8 Gly I ye Noe
Lge
The Muslims are required not to:

1. Be treacherous,

. Act unfaithfully in taking from the spoils,!°”°

2
3. Mutilate, or
4. Kill
A woman,
. A minor,
An enfeebled old man,
. The blind, or

e. The disabled,
unless any one of these [persons] are people who have an insight into
r,/°’° or the woman is a queen.

on oP

f. The insane are not to be killed [either].

On Truce

3 Ss pais Lb gl AI Sal cla: ol eel GL ols
ay ly NS yralunall dodo LS
If the leader (Imam) thinks that he should make a truce with the [enemy]

combatants, or [with] a group of them, and in that there is some benefit for
the Muslims, there is no objection to that.

rely eg) AS adil cll (AB OI sly be pgble o's
If he secures a truce with them for a period, then later thinks that breaking

the truce is more beneficial, he is to [formally] renounce [the truce] to [the
enemy]!°”’ and fight them.

webs U5 OIS 15) ag) Lee dy eg Sloe ly 5e OV

If [the enemy] initiates [the breach of the truce] by treachery, [the Imam]
should fight them and not [formally] renounce [the truce] to them,!’”° if that
[breach] was by their arrangement.

Del ed Hold! Sous J) rane @ > Sly
If their slaves leave towards the army of the Muslims, they are free.

ogtag lellSk sod lo § Saud aly ob Hb Ys
lk I le » éCpPeNL | Bu 9 wHbes| \ glaring celeb! oY

There is no objection to the [Muslim] army:

1. Foddering [its animals] in enemy territory (dar al-harb),
Eating whatever they find of food,

Making use of firewood,

Embrocating with oil, and

Fighting with [the use of] whatever of weapons they find — all of that
without distribution [by the Imam].

a TY

olga: Vy Kad U3 (pel gare Ol 5 gt Vo
It is not permitted for them to sell any of that nor to hoard it.
Sls NSo _ylayas| ooYo\ Ames dels Sal we ob O38
3 | pline ty Saxo shor 3 92
Whoever of them becomes Muslim, due to his [acceptance of] Islam he
thus protects his [own] life, his minor children, all of his wealth [that is] in

his possession or entrusted for safekeeping to a Muslim or to a non-Muslim
living under Muslim governance (dhimmi).'°””

oglgced ley (3x>959 eBoylind ul le bb ob
“3 SLI
If we [the Muslims] overcome his house, then his real estate property is
fay’-booty,'’°° his wife, his mount and his major children are [all] fay’-booty.
Yo coed! 5e8 Vea opt fal ge CM ely Ol Ae Vo
Cred jel a Sole : dhs
Weapons ought not to be sold to the [enemy] fighters, nor may they be
equipped with those [weapons] nor may prisoners be ransomed,!**! according
to Abii Hanifah, may Allah have mercy on him. They,!’°* may Allah have

mercy on them, however, said that Muslims’ prisoners are ransomed with
them [Muslims imprisoned by the enemy].

wee ll 598 Vy
It is not permitted to [show] favours to them.
spy youd LE OL IDL ged Spe lal PLY! ead 131,
Se 9 5A wade adag lade Wglal 3 LE Oly ela
cE eel I

When the leader (Imam) conquers a city by force, then he has the choice:
1. If he wants, he divides it between the victorious fighters (ghanims), or

2. If he wants, he confirms!°°? its inhabitants on it and applies jizyah to

them and kharaj (land tax) to their lands.

O!) 9 nge rel ela ols gh eld ot LL GyLSN 3 gms

With regards to the prisoners, he has the choice:
1. If he wants, he kills them,
2. If he wants, he enslaves them, or

3 If he wants, he leaves them as free men under the contract of the
’ dhimmah to the Muslims.

Stl slo dl earn dl 594 Vs
It is not permitted for him to return [the prisoners] to the territory at war
(dar al-harb).
Be ply ol G5 ge daey PLY jlo Ll ogall LY oI 131 9
US Fe Vy Lape Vo Lay Youd SLAY! jlo d) Ls
When the leader (Imam) decides to return to the Muslim lands (dar al-
Islam) and with him there are cattle!’°* and he is not able to transport them to

the Muslim lands, he slaughters them and burns [their carcasses], and he does
not hamstring them or leave them [roaming free].

PY slo Ske E> Fl ole Bane ents Vy

He does not distribute the booty in enemy territory until he takes it to the
Muslim lands.

e\ gw Kinet! § BLM s costs

cod

The auxiliary and the fighter in the army are [deemed] the same.'°®

33 Mf dag ya OI LS GAN slo B oad aga 131 5
ed aS ye LY

When reinforcements reach [the Muslims] in enemy territory (dar al-
harb) before they take the booty to Muslim lands, [the reinforcements] share

with them in it.!%°°

| gles SIV] Anusdl § Sul Gow JA Go Y

People of the army’s market!’°” have no right to booty unless they fight.
spam Sal gl dele 9h | BIS Sy sl yel gh > Jey spl Ils
By YY ghd oll G2 eT 5A dy caglel poe Ayre ol
Ley wed] Aud bende U3 BO 9S
When a free man or free woman grant safety to a non-Muslim, or a group
or the inhabitants of a fortress or a city, their promise of safety is valid. It is
not permitted for any of the Muslims to kill them unless there is a corrupting

[element] in that, [in which case], the leader (Imam) formally renounces [the
promise of safety] to them.

wach JR, aU Dy pel Vy ced OL 5 94 Vs

It is not valid for a non-Muslim living under Muslim governance
(dhimmi), a prisoner-of-war or a [Muslim] trader who visits [the enemy] to
grant safety.

It is not valid for a legally incompetent slave to grant safety, according to
Abu Hanifah, may Allah have mercy on him, unless his master permits him
[to take part] in the fighting. Abu Yusuf and Muhammad, may Allah have
mercy on them, however, said that his [granting of] safety is valid.'°°°

La Ke whl gal \gdselg ergs a9 33) de Sl le 15) 5
Se Ng M31 g cd Gye odes Le WS > SA de LUE lg
Lake gayle lag j mls WI yal
1389

When the Turks overcome the Romans, imprison them and take their
property, they take ownership of it. And if [the Muslims] overcome the

Turks, whatever we find from that is lawful to us. When they overcome our
property and they take it [back] to their homes, they acquire ownership of it.

Joel S| dal Lagdd | Aout de Legions dl 9 cect

If the Muslims then conquer that!?’° and [its owners] find it prior to [its]
distribution [among the Muslim fighters], it is for them for nothing [as
payment].!°?! But if they find it after distribution, they take it [back] with
payment,'’? if they wish [to take it back].

glo A aes WS GRE job GI jlo bo dls
ol al oT cpoSL pis-\ abd OF yLdh SN aSSL3 ey
AS 3 lS Ol eWla

If a trader enters enemy territory (dar al-harb) and buys that [property],
then takes it to Muslim lands, its initial owner has the choice:

If he wants, he may take it (i.e. buy it) for the price which the trader
’ bought it for, or

2. If he wants, he may leave it.
Gag] Oley ype AWE GI Jal Lyle ale Ys
NS ate wee ML 9 yl oly LuslRey

By conquest, enemy combatants do not become owners against us!¥%° of

our slaves who are to be set free on the death of their owners (mudabbars),
our slave-women who are mothers of our children (umm al-walads), our
Slaves who have a contract to purchase their freedom (mukatabs) or of our
free men, but we may become owners against them of all of that.

Jl AS oN Lc a prea) wes! e428 oll WLS Bl Id\ 9
0 le JS AMI Lge Yee cdLe5 al amy dace
When the slave of a Muslim absconds and goes in among them and they
take him, they do not acquire ownership of him, according to Abu Hantfah,

may Allah have mercy on him. They,!*’* may Allah have mercy on them,
however, said that they acquire ownership of him.

rhe 09d B pe egal! WO! s
If a camel escapes to them and they take it, they acquire ownership of it.
Ghana’im — Spoils
Ela oxy Lge SLi gle Jat Dyer pLW 3S J 151
ond gis Gary oF Yl plo J} leghend Fle! dand
If the leader (Imam) has no beasts of burden on which to transport the
spoils, he distributes it among the conquering fighters as a deposit on trust,

for them to transport to the Muslim lands. Then, he takes it back from them
and distributes it.

Fl glo 3B Annl J3 SLA ay 5594 Vo
The sale of spoils in enemy territory prior to distribution is not permitted.
doc Ba) g> EO SI lo GEL oe Ole yey
Whoever of the conquering fighters dies in enemy territory,'’’? has no
right in the [distribution of the] spoils.!?°°
deed LY lod} ELS] dey GEL Gye Sle Guay
“Sy 3
Whoever of the conquering fighters dies after their [spoils] being brought
to the Muslim lands, then his share is for his heirs.
SUB Be Sad 92,4 9 SEDI Sle 3 Yl Jay ol Ls
WSS cabae sb dy pad gi of ale ald MS JS pe 1S gid

| wm el

There is no objection if the leader promises more during the fighting and
[thereby] urges on the fighting with the promise of more, and he says,
“Whoever kills someone, then he has his spoils (salab'*’’),” or he says to a
raiding party, “I promise you a quarter after the [exclusion of the] fifth
(khums!°°°),”

eel Ge YI] decal Sia] ae dan Yo

After the collection of the booty, he does not reward [anyone], except
from the fifth (khums).

opts idl > daiall dle spo 9g9 GLEN OLS Jat S151 2
egw ud
When [the Imam] does not promise the spoils (salab) to the person who

killed [the slain enemy], then it is [made] a part of the total booty,'’’” and the
person who killed him and others are equal with respect to it.

AS pag dadheg als ye J gill de be itl

The spoils (salab) are whatever clothes and armour the slain [enemy
fighter] has on as well as his mount.

deci) jy | giles SI 5A J OA slo yd goku g 3 l31 9
ed Ugo IIL Vg

When the Muslims leave enemy territory, it is not permitted for them to
feed [their animals] from the booty nor for them to eat anything from it.

desio| B02 plab gl ale ane 25 cg
Whoever has some fodder or food left over should return it to the booty.

NEY 2a YN ens g Lat @ Sed all LEY ead g
aay age al Ae age Jel My lege yal Qu Gp
oe a3 MG yay ‘dhs All| Lee) Yb. SLi All|
[Only] the leader distributes the booty. He takes out a fifth (khums) and
distributes the [remaining] four-fifths among the conquering fighters: two
shares [each] for cavalry and one share [each] for infantry, according to Abu

Hanifah, may Allah have mercy on him. They,'*°? may Allah have mercy on
them, however, said, “For [each of] the cavalry there are three shares.”

wan Dy celgw GUlly Grd why toly ps VI! age Vy
je Yo Al>\ J
There is only a share for one horse. Common horses and pedigree horses
are the same.'*°! He does not appoint shares for riding camels or mules.

IE ogee Gree! aad GH3 LY OI plo Jo Oey

Whoever enters enemy territory as cavalry and his horse perishes is
entitled to a share as cavalry.

Sols ger Gore! Ld 6 HEB Mel Joo es
Whoever enters as infantry and then buys a horse is entitled to a share as
infantry.
wd cap, (S9 «sve Ve od Vo SL yal Wy Sb ghel agen Yop
There are no shares for slaves, women, non-Muslims living under Muslim
governance (dhimmis) or minors, but the leader may give them as a gift, as he
sees fit.
geal 255 is eis nee | Lal
With regards to the fifth (khums), it is divided into three shares:
Saeed LS cageeg cS Lael) gens celia age

1. A share for orphans,
2. A share for the needy, and
3. A share for travellers.
J) eo Vy Ogethg coed Gril G95 LB Leu s
rst pill
Poor close relatives (dhawi’l-qurba)'*°* are comprised among them and
they are given priority, but the wealthy of them are not given anything.

PAY go EB yaad ye al baat DLS alll 53 LB
Whatever Allah, exalted is He, has mentioned of the fifth (khums) for

Himself in His Book, it is [there] to open the speech, deriving blessing from
His name.!4°°

tall kL S sige Leta ching ale alll be ol ges
ade aU) he oll ye) b Spit ; NSS 35 695 aeey
DL okey 9 od pal elu
The share of the Prophet « lapsed with his demise, just as did the saft'*"*

and the share of [his] close relatives who were entitled to it during the time of
the Prophet « due to victory, and after him due to poverty.

O31 pe Cp pde GA slo LL SY gl wo1 gM Joo 151 5
oe ptt dsl aed

When one or two people enter enemy territory raiding without the leader’s
permission and they take something, the fifth is not taken from it.

wb OSL A Ol a cet Ee ghd dare gb dele Joo Ul 5
eed
But if a body [of people] who have power enter [it] and take something

[from it], a fifth is taken from it, even if the leader (Imam) had not authorised
them.

cgi apy OI JA Leb OI jlo phil Jeo ldlg
de abs Es La Ny ee pb OI cegileo Gye Vo abl gel ys
ay Saas SI oh) 9 cly gar

When a Muslim enters enemy territory as a trader, it is not lawful for him
to attack anything of their property or their lives. If he deceives them and
takes something, he acquires ownership of it [but] with an embargoed
1405 and is ordered to give it away as sadaqah (in charity).

dios Who Speke SI Ke J Lelene Lily 3 Jo 9 151g

ownership

When a belligerent (harbi) comes to us [the Muslims] as someone seeking
temporary protection (musta’min), it is not possible for him to stay in [our]
land for one year.

dy 5A de Cag And olE cued] OL pl ad J gig

The leader says to him, “If you stay for a whole year, I shall impose jizyah
on you.”
wy yl>
So, if he stays for a year, jizyah should be taken from him and he is
[classified] as a non-Muslim living under Muslim governance (dhimmi), and
he is not left to return to enemy territory (dar al-harb).
BLL9 ol ge gl pline ure dary S59 34 jlo Mole ol s
ds alle ys eel jlo 3 ey dol lle aed Je Bd egiad
Syleg digs bade Jad lal de 4b gl ol Ob bes
KS Aa 9)I
If he does return to enemy territory and leaves goods with a Muslim or a
non-Muslim living under Muslim governance (dhimmi), or [he leaves] a debt
in their care, his blood becomes lawful by his returning [to enemy territory],
and whatever of his property is in the Muslim land is [now] at risk.!7°° If he
is taken prisoner-of-war, or the [enemy] territory is overcome and he is
killed, his debts lapse and his goods become fay’-booty.
SWS poy GA fal Sigel Ge Ogolull ade Carsl leg
Whatever of the enemy combatants’ property the Muslims capture without
fighting, is spent on the welfare of the Muslims, just as the land-tax (khardj)
is spent.
cl LL adel oe be spas te aI LIS Gyll rls
elel) Gylie rte Sones Qed pm
Arabian land is all land of ‘ushr.‘*°’ It [includes] whatever is between

‘Udhayb’“°° and the furthest stone of Yemen in Mahrah, to the extent of the
easternmost parts of Syria.

ARS SM wo dal | on le *g9 as Pl Is >| gu! 9
Sloe S} Edd eg Sl gle
The Sawad!*°" is all land of kharaj. It [includes] whatever is between

‘Udhayb and ‘Aqabah Hulwan, and from ‘Alth'*!? to ‘Abbadan
(Abadan).!411:1412

Led aed pag Lb agar bot Lyle AS gle ol pull yl s

The land of the Sawad is owned by its inhabitants. Selling it as well as
transacting with it is permitted for them.

CIN ye Ceaudy Sgt Coed ol de Uhl whol 32) MSs
it 5) 6!
All land whose owners become Muslim, or which has been conquered by

force and has been distributed amongst the conquering fighters, is the land of
‘cushr. 1413

Tl 2)! 62 Lele Wal $U apie Cod (2)! JS

1414

All land conquered by force whose owners are confirmed [in

ownership of] it is the land of the land-tax (khardj).
Bynes ML alll ay avg gl ve 523 Ul ge Lyi Lol peg
DNs ALS 68 CLA! Laat Ge ye IIT OF slajee
dy pis o68 pial oy) p> ye CAT
Whoever revivifies barren land, it is determined according to its closeness,
according to Abu Yusuf, may Allah have mercy on him; so, if it is close to
the land of the land-tax (khardj), it is subject to the land-tax (kharajiyyah),
and if it is close to the land of the tenth (‘ushr), [then] it is subject to a tenth
(‘ushriyyah).
eee Shs AN) 92) dlewall oleh 4 te bus dpasly
According to us [Muslims], Basra is subject to a tenth (‘ushriyyah),

because of the consensus of the Companions, may Allah be pleased with
them.

cae gl Layee fy lel ol sls all amy ue JU,
y Al e\laa)| hey Fy Ol al rH Al>> elk Fy ge Sel
Layard SI le Wl ele Lobel oly dy phe gd wel Le
Bal > 68 yoy yf 9 SU ne See pele
Muhammad, may Allah have mercy on him, said [that] if he revivifies it
by a well which he digs, with a spring which he discovers, or by water from
the Tigris or Euphrates [rivers], or from major rivers which nobody owns,
then it is subject to a tenth (‘ushriyyah), but if he revivifies it with the water

of rivers which non-Arabs had dug, like the river of the king and the River
Yazdagird,'*!° then it is subject to land-tax (khardjiyyah).

col geal pal fe are MLS Al go) poe dady cil cl Fs

59 othe jib G5 cles oll able Ge IS

I OAD AL? AE Abe Ne pm 8g etry Lal!
wal bate Jarkl Jolly jak a

The land-tax that ‘Umar « imposed on the people of the Sawad, was:

)'41© which water reached,'*!” and

1418

For every arable patch of land (jarib
1. which was good enough for cultivation, the Hashemite gafiz,
[which is] a sa‘ and a dirham,
2. For every lush arable patch of land (jarib), five dirhams, and
For every arable patch of land (jarib) [full] of contiguous grapevines
' and contiguous date-palms, ten dirhams.

JOB ABUS are Lede ard, GLA yo OS ge leg
clay peat Lede ag Le Glo
For other types [of land], [kharaj] is imposed upon it according to its

capacity. If it cannot support [the amount] that is imposed on it, the leader
reduces it.

FS pllarel giles abasil sie gh FI Syi de eo! »
CNA! Aled ale Ullee 5) 9 ca gele gL > 38 I

If water inundates khardj land, or [the water] ceases to [reach] it or a

calamity destroys the crops, then there is no land-tax due from them [the
owners], but if its owner leaves it [uncultivated] then land-tax is [still] due
from him.

alle Je gl Bl aie JST ChB Sal pe hel yes
Whoever of the people who [pay] land-tax becomes Muslim, as it stands,
land-tax is [still] taken from him.
ae S55 96 GLA ay ge ye lad g Re Ol 5 9H
‘a el
It is permitted for a Muslim to buy land of kharaj from a non-Muslim
living under Muslim governance (dhimmi), and land-tax is [nevertheless]
taken from him.
cE Lal oe cobb fe Vy
There is no tenth (‘ushr) due on the produce of the land of khard).

On Jizyah — The Capitation on Non-Muslims Living
under Muslim Governance (Dhimmis)

DA8S chelly CaIWL eos 45> ere de AH
13! areg: led! Cty 2 jag WY ale a bs roe
wg el be ap Sly JU! Le esl WE

Jizyah is of two types:

,__Jizyah which is imposed by mutual agreement and treaty.'*!9 It is
' determined according to what agreement is reached on, and
Jizyah which the leader (Imam) initiates by enforcing it, when the
2. leader defeats the disbelievers, and confirms them [as owners] of their
properties.

L)> par sly ASE daw ISS elesll alla sill ds aad
day ji SLI Leng Jeg ealy> dar sh et IS Gav Sob
Bl Jota pal deg nyo 44 IS 3 LAD Ep bes
way r+ JS SLA > phe
He [the Imam] imposes [as Jizyah]:

On the obviously wealthy [non-Muslim living under Muslim

1. governance],'**° forty-eight dirhams per year, he takes four dirhams
per month from him,

On the [non-Muslim living under Muslim governance (dhimmi) of]

2. average condition, '**! twenty-four dirhams — two dirhams per month,
and

3. On the labouring poor,'*** twelve dirhams — one dirham per month.
oe OE Bxe9 Ggadly CLO fol Je 4541 C9) 9
CaS de Vy Spall ge GUM Bae de 72 3 Vy coma!
Jizyah is imposed on the People of the Book (AAI al-Kitab), the Magians
and on the idolaters from the non-Arabs, but it is not imposed on the idolaters
of the Arabs nor on the apostates.
KE 18 Se Ye eos) We re Vs Blyal Je a 5> Vey
AN 9 ADE Y pp dl GLa be Vy <foras
There is no jizyah due from women, minors, the chronically ill, the
unemployed poor [dhimmis] or [hermit] monks who do not mix with people.
ais Clade & jm adey glial yey
Whoever becomes Muslim and there was jizyah [due] from him, it lapses
from him.
be SAN AEG SSA ale acto! Ol»
When two years combine upon [the non-Muslim living under Muslim
governance (dhimmi)], both jizyahs combine with one another. 47°

Seedel 13] 9 pel jlo SAS Vy day Slo! 5 94 Vo
lagolel dead! SLO, asl
It is not permitted to build a new church or synagogue in the Muslim

lands, but when old synagogues and churches fall into ruin, they rebuild
them.

weS Ly29 aed B eladl gs jiedl dail! Jal BG »

Tel shot Vo SFIS 5:52 Vo rent ib age g 9

Non-Muslims living under Muslim governance (ahl adh-dhimmah) are
required to preserve a distinction from the Muslims in their dress, their

mounts, their saddles and their headgear. They do not mount horses or bear
arms.

AUN We gel ee gh clbine Jo oh cd EI ge ated ges
ong airy J dali 35 91 plug aie
Whoever refuses [to pay] jizyah, kills a Muslim, insults the Prophet « or

has unlawful sexual intercourse with a Muslim woman, his contract has not
been violated.!477

ards Jel glee gh ecodl sly Gob Ob YL agell ae Vy

go leg

The contract is not violated except when he takes [himself] to enemy
territory (dar al-harb), or they [the non-Muslims living under Muslim

governance (dhimmis)| overrun a place and wage war against us [the
Muslims].

On Apostates (Murtadds)
JST SB pe adhe 2,6 AY ye healt 45)! 1515
ALS OL LBV] g lel OB ce! B96 at 9 ca aes ag t
JAN de ecb Vg US 4) oS ale dL! 26 13 be

When a Muslim reneges on Islam, Islam is presented to him. If he has any
doubt [about Islam], it is explained to him. He is imprisoned for three

days.'**° If he accepts Islam [it is better for him], otherwise, he is executed. If
someone kills him prior to presenting Islam to him that is abhorrent, but there
is nothing [as liability] against the killer.

phd om pF Sy « Jad B55! 13} si MW Ll,

As for women who renege [on Islam], they are not killed but are
imprisoned until they become Muslims.

ob OW «Ele Vigj Bop Algal ge wll Ake Sa pg
Be dl aS dal Dole
The ownership of the renegade concerning his property ceases because of

his reneging, [and is kept] in custody.'**° Then, if he becomes Muslim
[again], it returns to its [previous] state.!*¢’

BS} De Sle Bac le Jal aay fe JS gh Ole Is
Kd abdy Se Banc I Le GIS g «polit ad) g
If someone dies or is killed whilst a renegade, whatever he earned in [his]

State of Islam (i.e. as a Muslim) is transferred to his Muslim heirs. Whatever
he earned as a renegade is fay’-booty.'47°

09 pede Be ctblod SILI Ses WS ype Fl phe gt Obs
B Aut Le Jasly cade Ny gl ede y coool olgels

Bate) SS gel geatly cro ye ad) 9d] LY JE
BS gl ye des) Leg pL Sle B aI AL JE

252) Je SE .at aio)

If he took [himself] to enemy territory as a renegade, and the judge
(hakim) has declared [official] his removal [to enemy territory]:
His slaves who were to be set free on his death (mudabbars) and the
1. slave-women who were mothers of his children (umm al-walads) are
set free,

2. The debts upon him fall due,'*~?
3 Whatever he earned in the state of Islam is transferred to his heirs
’ from among the Muslims,

The debts binding upon him in the state of Islam are paid from
A whatever he earned while a Muslim, and whatever debts became
binding on him while a renegade are paid from that [what he earned]
while a renegade.
45>) Se (3 aS\ gel ur a8 2 peal gl ol jal gl ach lag
lee c gl a 3h ke Sl (OD GAS Oia ol ov 1299 90
calbe, o3|
Whatever he sold, bought or transacted with from his [own] property in
the state of his reneging, is suspended.'*°? Then, if he becomes a Muslim
[again], his contracts become valid, but if he dies, is killed or takes himself to
enemy territory, they are void.
Lad clebne Mu! jlo S] abled: SLI aa wi ole SI 5
oS) aie le ye Ady 9 bodes
If the renegade returns as a Muslim after his taking himself to enemy

territory has become official, whatever tangible item of his own property he
finds in the possession of his heirs, he takes [back].

Lebpnad he Lay SMe BBL: BS at 151 545M
When the female renegade transacts with her property in the state of her
reneging, her transacting with it is permitted.'**!
ie JR bk ire wl gel OF BRAS & Die»
we bee ete Vo cogs oe SE 9 BIS oye Grell
With regards to the Christians of Bani Taghlib,'*°* twice what is taken as

zakah from Muslims is taken from their wealth.'*°° [It] is [also] taken from
their women but not from their minors.!***

Jal olval leg 5 de SNyel ea CLAN oe PL ole Ley

Lge Led 1 oll hae § Grad 4 je ly eel DoF

wale 9 poll abare do 96) getly ba gS oc) ga)
whys GLAM Sil a aaa, gb Ls erileley

Whatever the leader has collected as kharaj from the properties of the
Bant Taghlib, and whatever those at war [with the Muslims] have given as
gifts to the leader, and the jizyah are [all] spent upon the welfare of the
Muslims. With it, frontiers are secured, bridges and aqueducts built, and from
it, the judges of the Muslims, their administrators and their scholars are paid
whatever [amount] is sufficient for them, and from it, the provisions of the
soldiers and their children are [also] paid.

oes Ob

REBELS (BAGHIS)
ele) dele ye ge dg th be ola 2 o58 le 15) 9
peed ye AAS cheb opal! pales
When a group of Muslims take over some land and they leave obedience

to the leader (Imam), he invites them to return to the [united] body, and he
dispels their doubts. ‘4°

Syke go pil 54 ON cog Say 3 JDL pay Ys
wgele-

He does not initiate fighting against them unless they initiate [it] against
him. Then, if they initiate [fighting], he fights them until he disperses their

group.
DLs «weds asls ete ds jer! a ee 3S O} 3
wadlse eo de Ae de jee 3 88 ot SS

If they have a band [waiting by], [then] one hastens to kill their wounded
and give chase to those of them who flee. If they do not have a band, then one
does not hasten to kill their wounded or give chase to those of them who flee.

be eh ends Vy Fd ob Vs

Their children are not imprisoned and their property is not distributed [as
booty].!*°°

ae}| i gohadl clio! 3! godt | gblé ob ob Ys

If the Muslims need to, there is no objection that they fight them with
their own (the rebels’) weapons. '*°’

Fo eek Vy cage Loop Vy ably! el ty
wesle Lao 78 |p 3%
The leader holds their property and does not return it to them — but he
does not distribute it — until they repent, then he returns it to them.
TNE oye Lede Ngde (SI OU ge al Jal ole les
WE play eish J tall;
Whatever land-tax (kharaj) and the (‘ushr) the rebels had collected from
the lands which they conquered, the leader (Imam) does not take from them
[the inhabitants] a second time.
098121 gS J OI gare ddl pel joladm Bogd nol gS Ob
NS pes SI SUS alll ye 9 ging e 3 alal Jab aim 5
If they had spent it on its rightful purposes, it discharges [the duty] of
those from whom it was taken, but if they had not spent it for its rightful

purposes, then it is a duty on them that they should repay it for the sake of
whatever is between them and Allah, exalted is He.'*°°

2>-LN 19 Bd) OS

HAZR WA IBAHAH - PROHIBITION &
PERMISSIBILITY

oer gS 0S Dla alll Lgey Wy Sl al aay dase Gi
Wearing silk is not lawful for men but it is lawful for women. There is no
objection to using [silk] as a pillow, according to Abu Hanifah, may Allah

have mercy on him, but they,'*’? may Allah have mercy on them, said that
1440 is disapproved.

AU) Ae) LP sis wd 3 oe 9 pot! go wk Ye
BLS all aay dase Gl re 0S 9 «Shs

using it as a pillow

There is no objection to wearing silk or brocade in battle, according to
them,'**! may Allah have mercy on them, but it is disapproved according to
Abu Hanifah, may Allah have mercy on him.

V5 gh LLB ated y Ley 2) IT 131 edd adh ok Ys

There is no objection to wearing something woven (mulham), when its
[warp] is silk and you make the weft with cotton or silky fabric (khazz).‘**7

eel LY 5 Aadly 2b Josdl JEW 554 Vs

It is not permitted for men to wear jewellery [made] of gold and silver, but
there is no objection to a ring, belt and the decoration of a sword from silver.

A239 eb fod Li 5 Hs

It is permitted for women to wear jewellery [made] of gold and silver.

Rly 25 coal jek Ol »
It is disapproved for a [male] minor to be dressed in gold and silk.
Pil 237 3S Guba Glory Geitly ITM! 594 Vo
pladls Sle WM ayaall y

It is not permitted to eat, drink, [apply] oil and perfume from receptacles
of gold and silver, for [both] men and women.

Geils a gbdly weber! y clap Au Ila Hb Ys

There is no objection to the use of receptacles [made] of glass, lead,
crystal and carnelian.

Veil ps pl be eglbly peaaaall gpd be OS Sly

It is permitted to drink from a silver-plated vessel, according to Abu
Hanifah, may Allah have mercy on him, as well as being mounted on a
silver-plated saddle and sitting on a silver-plated bed.

Uei3\9 Govall § piadl oS 9

It is disapproved to mark every ten verses of the written copy of the
Qur’an (mushaf)'**? and to dot [the letters].

abl ele dS) 9 lord! tib9 teal! Ado Ly

There is no objection to the decoration of the written copy of the Qur’an,
decorating the mosque and ornamenting it with liquid gold.'*“*

Spa! pladiel o Ss 9
It is disapproved to employ eunuchs.
SEN Se podl el pil y eaSlgdl clase ob Ys

There is no objection to the castration of animals and getting a [male]
donkey to mount!**° a [female] horse.!**°

lg doll J 98 DST y Ladi 3 Le OI 594

It is permitted to accept the statement of slaves and minors in [cases of]
gifts and authorising [a slave].

Gold! JB ODELL 3 Le 9

In [cases of] ordinary transactions (mu‘amalat),'**’ the statement of the
dissolute is [legally] accepted.!4*°

Jatt 38 YL obL vi LS! 8 Leb Vo

In [cases of] religious matters (diyandat),‘**" nothing but the statement of
the morally upright is accepted.

D1 «LgeaS'g Legon s DIY Ate ye Jol a ol 594 Vo
dob Y \gges Sl bes Y agetll ye bY OW

It is not permitted for a man to look at [any bodily part] of a female non-
relative (ajnabiyyah) except her face and her palms. If he is not safe from
sexual desire, he does not look at her face except out of necessity.

Solgssl ol yl 13! AmlLidls clade 4 Ol aL 13) gol 5 9H 9
see OI BE O) 9 Lege g UI tad te
It is permitted for the judge to look at the face of [a woman], when he

wishes to pronounce a judgement upon her, and for the witness when he
wishes to testify against her, even though they fear becoming aroused.

Less G2 yhl aoge UI ee ol hl 5549
It is permitted for the doctor to look at the locus of disease on her [body].
aS) Mad a gy eV] cay ae LI dell ye esl be >

A man may look at the whole body of a man, except what is between his
navel up to [and including] his knee.

Je Mad Sas be SN Jed ye bes Of al ald 5 gt

It is permitted for women to look at in a man whatever a man may look
1450
at.

SoS ye ad bas oh fo 5 gt le MeL yesh assy

A woman may look at [the same bodily parts] of a woman which are
permitted for a man to look at in another man.

Lead SI cea j gd JA dail ye Jeti be »

In the cases of his slave-woman who is lawful to him and of his wife, a
man may look at their genitalia.
pally col Sly cao gil D aasl® Gl93 Ge Jodi len 9
Vp Ledsd 9 Lele 9 le gk LU} he Vy cp really oll,
Lge ag das ot ad Sle be jag ob Hb
With respect to his un-marriageable (mahram) females,'*°?' a man may
look at the face, head, chest, lower legs, and arms, but he cannot look at her

back, belly or thighs. There is no objection if he touches those [parts] of her
[body] it is permitted for him to look at.

Oo ad] yan Ol 4) joel “al one AS glk ce j=l 2s 9
IS Lg cel I aLpT 131 US ae OL eb Vo cael lh
sy |

A man may look at in someone else’s slave-woman, that which it is
permitted for him to look at of his [own] un-marriageable (mahram) females.
There is no objection to him touching that [part] when he intends to purchase
[her], even if he fears that he will be [sexually] aroused.

JoaIS Aol MI Bd 8 cad

The eunuch, in [terms of] looking at the female non-relative is the same as
the un-castrated male.

2 N59 be MY] Stee ge bey OF plea 5 94 Ys
ig a} ta

It is not permitted for a slave to look at [any bodily parts] of his mistress
except that of her which it is permitted for the male non-relative (ajnabi) to
look at.!4°?

Lesh VW) atm) ye Sj Wy clea pe acal ye Spars

One may practise coitus interruptus (‘azl) with his slave-woman without
her permission but he may not practise coitus interruptus with his wife
without her permission.

3 MS OIF 13) wlesls He ol 98) 3 IHN 0S
dulo Le gl cata AE Kool yey cabal INI 42) wl
aE ed ST ab oy
It is abhorrent to hoard the foodstuffs of humans and animals when that is
in a land where hoarding would be harmful to its inhabitants. Whoever

hoards grain off his own estate or what he has imported from another land is
not [considered] to be hoarding.

I fe jane OI SUL S2V

The Sultan ought not to set prices for the people.
wha wall ave wl Vs auc) | Lil B Cdl aw oS g |
\ = oda a3l

The sale of weapons during days of civil strife is abhorrent, but there is no
objection to the sale of expressed fruit-juice to someone whom it is known

will make wine from it./4°°

bles OS
WASAYA — BEQUESTS

Si Solo Areal 5 9H Vg cds mg cdinly ne diooll
duno Mj oA Vy EA fe ot Le jt Vo eddy Ml Lops OI
pelncl) BIS 9 «BIS Lill 29) OI 5 99 « JLab

Making a bequest (wasiyyah) is not obligatory, but it is recommended.

[Making a] bequest to an heir is not permitted unless the [other] heirs permit
.. 1454
It.

It is not allowed in anything over a third.!*°°
The bequest in favour of a homicide is not permitted.'*°°

It is permitted for a Muslim to make a bequest to a disbeliever, and a
disbeliever to a Muslim.

gh LL Se 38 sgh Lhd OG ecg ae dregll S gids
Jel Mie les)
The acceptance of the bequest is after the death [of the testator (mus7)].

So, if the legatee (musa lahu) accepts it during the life [of the testator], or
rejects it, that [decision] is void.

SIS oy gy DST 92 SN rr 9
It is recommended that a person bequeaths less than a third [of his
property].
Ze 322) 9 2ghl mg B Anes) Ls Joy MI el lL s
>) 962 4gm9 3 lary O) 9 2p ne dee

When [the testator] bequeaths to a man, and he (i.e. the legatee) accepts
the bequest in the presence of the testator but declines it when out of his
presence, then that is not a [valid] refusal, but if he declines it in the presence

of [the testator] then that is a [valid] refusal.
96 Ol sity Gtoly Dlr BY gil Uc & Wolly
3 4p geal JF43 yell JS a geal! ge ob cegegll
ads) 9 Elbe

The bequest (musa bih1) becomes owned by acceptance [by the legatee]
except in one case and that is if the testator dies, then later the legatee [also]
dies prior to acceptance, [in which case] the bequest enters the property of the
heirs of the deceased.!*°’

oe Atal pert! GE gl SIS gl ae I) weal oe

PANE weds Ane gl

Whoever bequeaths to a slave, a disbeliever or someone dissolute, the
judge excludes them from the bequest and appoints [someone] other than
them.

Ayes) road J LS By ll 39 and re J) e3) O43
Whoever bequeaths to his own slave while there are elders among the
heirs, the bequest is invalid.
opt call ad! ee dre dl lal ne joe ob) weal os
Whoever bequeaths to someone who is incapable of implementing the
bequest, the judge associates another person with him.!*°°
dase glue Bray SLAY 54 3 OS! Sl eal os
Cadl AS alo BY) aele O99 ALS al Lgary oe
aUsers Ass 9 2) 9 ee Ss lead ool labs Ope 9
degatle Spill lads cara te Seg lee Arey Lads
ak Ggim 3
Whoever bequeaths to two [persons], it is not permitted for either of the
two to transact [with it] without his associate, according to Abu Hanifah and

Muhammad, may Allah have mercy on them, except in:
1. Purchase of a shroud for the deceased,

His [funeral and burial] preparation,

Food for his minor children and their clothing,
The return of specific deposits,

The execution of a specific bequest,

Setting a specific slave free, and

a i a

The payment of debts and litigations with respect to the deceased.'*°"

By 5F dy le 1 Sy de Eb Jo) ool as
Whoever bequeaths a third of his property to a man, and a third of his

property to another, and the heirs do not allow [this], then [only] a third is
[shared] between the two in two halves.'*°”

BsSl Lge GASB proud 39 QUILL 523) 9

If [the testator] bequeaths a third to one of the two, and a sixth to the
other, then the third is [shared] between both of them in thirds.!4°!

5F Ay Sle EK Sy IL rere LAY ol Ol s
Leg) boty chery: glace gel day yl be egiy EUS) 3
Olid gis EA DLs al aay dace gil SUby DLS alll

If he bequeathed his entire property to one of the two and a third of his
property to the other and the heirs do not allow [that], then the third is
[shared] between the two in four portions, according to Abu Yusuf and
Muhammad, may Allah have mercy on them.'*°* Abi Hanifah, may Allah

have mercy on him, said that the third is [shared] between both of them in
two halves.

de ap ed egal Gs alll ary Ake gl Ope Vo
Alo iI eal wly Arlals dbl 3 Yl E131

Abu Hanifah, may Allah have mercy on him, does not give to the legatee
anything in excess of a third except in [the cases of]:

1. Muhabah,'*°°
2. Si‘ayah,'* and

3. Darahim mursalah.!*°
6 OI Y dyegsl 5A J dk Lt yp ales cosl yas
Cpl eo ele yall
Whoever makes a bequest and there is a debt which he owes which
overwhelms his property, the bequest is not permitted!*°° unless the creditors
release [him] from the debt.
re SE 52 gl OL y Ab dyed au) mae ool Gee
EIS A ge gold Ghol al GIS OF ejle aut
Whoever bequeaths the share of his son, the bequest is void. If he
bequeaths an [amount] equal to the share of his son, it is permitted. Then, if
he has two sons, the legatee has a third [as maximum].
AS FN 48 Cu 9 gl igh a i (AWD pA 3 Oh gel urd
les Gleel aed op 9 EIS ye pine gay le
Whoever sets his slave free during his [terminal] illness,'*°” or sells, or
performs muhabah, or gives as a gift, then all of that is permitted and it is
taken into account from the third [of his property],'*°° and the sharers in the
bequests are given from it.!4°9
Sled al aay dave Gl ace dol SLELL gel eg ov
Ball: MS al Lgrry Wy colge gd GL ob Gel Of s
LL 3 dol
If he performs muhabah, then later sets [the slave] free, the muhabah is
more excellent, according to Abu Hanifah, may Allah have mercy on him. If
he sets [the slave] free, then later performs muhabah, they are both the same.
They,'*”° may Allah have mercy on them, said that setting a slave free is
more excellent in both cases.
abe OMY 55 hl ok ptlaballs os we eal 3
peas | a) eid pn uo

Whoever bequeaths a portion of his property, then he [the person to whom

it was bequeathed, i.e. the legatee| has the inferior [portion] from the portions
of the heirs, unless it becomes less than a sixth in which case the sixth is
topped up for him.

ott Le oghact 225 ll J 3 ale ys ejou goal dl s

If he bequeaths a part of his property, it is said to the heirs, “Give to him
whatever you wish.”

Je Ugee 251 al 238 NLS alll Gate yo blew coal yes
ol LS BIS Se cm Me Le Sl al (92 oh! god la ve
seh! aed le are os | ge ped leg

Whoever bequeaths bequests regarding [the performance of] the rights of
Allah, exalted is He, the obligations (farda’id) are given priority over others,
[irrespective of whether] the testator advanced them or delayed them [when
mentioning them], such as the hajj, zakah and expiations. Whatever of it is
not obligatory is given the priority that the testator gave it [when mentioning
them].

AS 72 coals yo deny aie lyre LAY deren goal as

ALS Lee ye ais geo | Adal dyed)! als) obs

Whoever bequeaths [the performance of] the hajj of Islam, [the heirs]
should send one person for hajj from his city on his behalf, who [sets forth]
mounted. If [the property of] the bequest does not reach [the level of]

expenditure [to be incurred], then they send someone forth for hajj on his
behalf from whichever [place] it reaches.

ee JN goals GW BOLE LL ooh CI 9
Let VE 9 «ths abl ary dase Gl As oth ye ae ee
Whoever proceeds from his city as a hajji and dies along the way, and
bequeaths that hajj be performed on his behalf, [then] hajj is performed on

his behalf from his city, according to Abu Hanifah, may Allah have mercy on
him. They,'*”! may Allah have mercy on them, however, said that hajj is

performed on his behalf from [the location] where he died.
elo 33 Ol 9 SiSiy (gral Aves cua Vs
The bequest of a minor or of a slave who has contracted to purchase his

freedom (mukatab) is not valid, even though they leave enough [property
behind].!4”

OS ge dh ope lly Ares) OF & 92)! we sel 5945
lege) (Rd dpe) doe yey cle ge)

Retracting the bequest is permitted for the testator. If he announces the
retraction, it is a [valid] retraction. Whoever disputes the bequest, it is not
[considered] a retraction.

Whoever bequeaths to his neighbours, then they are the adjacent
[neighbours], according to Abu Hanifah, may Allah have mercy on him.

ASL yal 8 Fry GIN Are olecd cos] oy

Whoever bequeaths to his in-laws (ashar), the bequest is for every un-
marriageable relative (dhu rahim mahram) on [the side of] his wife.

Ais OF ary DIS IS 9) TLE EY (gol a\ os

Whoever bequeaths to his akhtan, then they are the husbands of every one

of his un-marriageable female relatives. !*’°
wr BIS 3 GBI IW Apel BL BY goal yey
laced no Sq Ml lls) N gd JRL Vy cans a
Whoever bequeaths to his close relatives (agriba’), the bequest is to the
closest, then the [next] closest of every un-marriageable relative (dhu rahm

mahram). [Neither the] parents nor children are included in them, and it is for
two [persons] or more.'*”4

gl ae dyed dyed OVE: Qhe aly Wy gol lly
wai! galls OVE y ee OS Ol 9 dbs all amy dace
22 Wweils
When someone bequeaths that, and he has two paternal uncles and two
maternal uncles, the bequest is for his two paternal uncles, according to Abu
Hanifah, may Allah have mercy on him, but if he has one paternal uncle and

two maternal uncles, then the paternal uncle has a half [of the bequest] and
the two maternal uncles have [the other] half.

AN gail See oye JSD Apel : Shs alll Lyry Vs
O-Y 3 4

They,'*”° may Allah have mercy on them, said that the bequest [which is
made to his relatives] is for everyone who is a descendent of the most distant
[paternal] grandfather of his in Islam.

duU5 IS Nes CAE Ss gl As*| > Ee je)! 231 C9
2s er AB Ls be Eb ye CA pty tb es
Whoever bequeaths to a man a third of his dirhams or a third of his sheep
and goats, and two-thirds of that perish and a third remains, and it proceeds
out of a third of whatever of his property is left, then [the legatee] has the
whole of whatever remains.
OP TF 989 WEE (ey OWS lly lS Eh goal ee
Whoever bequeaths a third of his garments, and two-thirds of them perish
and [only] a third of them remains, and it proceeds from a third of whatever
of his property remains, he is only entitled [to] a third of what remains of the
sarments.
A gS 51 Gp29 He Seay ep Db lod gol yes
SS 43) b> oF FOL 9 cad weal DJ cdo Gull EE ys

Whoever bequeaths to a man a thousand dirhams, and he [himself] has
tangible property (‘ayn) and [also he is owed] debts (dayn), if a thousand be
produced from a third of the tangible [property], it is paid to the legatee, but
if it cannot be produced [from it], then a third of the tangible [property] is
paid to him. Whenever something is produced from [repayment of] the debt,
a third of it is taken until the thousand [dirhams-worth] is paid in full.

Hel Sie ye JB arty IS hed y hood) dyosll 594s
aves)! es. Oo

Bequest to a foetus is allowed, and [to bequeath] a foetus, when it is
delivered in less than six months from the day of the bequest.

eliuY ly dug Coe le War sle Jey) coal l31 s

Whoever bequeaths a slave-woman to a man, excluding her foetus, the
bequest and the exception are [both] valid.

OV SS weg ge de Sul Aye Led weal yee
SHDN ye Sle Ly od ge ght NS os Ig 4 eral Jee
Joly ESL pe ENS ye LE SF Sls cd egal LS
SL abl Lgery dot y hag al Job B Le gee dead
$23 SB ce ge AUS SEL Ds aU ary dase gl Jy

el ye odd 268

Whoever bequeaths a slave-woman to a man, and she gives birth to a child
after the death of the testator [and] prior to the legatee accepting, and then
later the legatee accepts, and both of them!*”° proceed from the third [of the
total property of the testator], then both of them are the legatee’s. But if they
cannot both proceed from the third, he sticks to the third and takes the share
from them both in total, according to the verdict of Abu Yusuf and
Muhammad, may Allah have mercy on them. Abu Hanifah, may Allah have
mercy on him, however, said that he takes that [share which is not more than
a third of the total] from the mother. If anything is left over, he then takes it
from the child.

Ia) WS 5 9,
Bequest of the service of his [the testator’s] slave and residency in his

house for a specified [number of] years is permitted, and that is also
permitted indefinitely.

YN Sl g Aersld ad] le IS ye tall AB) eS ON
4 ge ghl ok SB clogs I geghls greg: 3B) gl ead ond al Sle
deg) clas go gQlil> Bad gogll le df 9 iby 3 Jl ole
If the bondage of the slave proceeds from the third, he is submitted to [the
legatee] for service. If [the testator] has no property other than him, [the
slave] serves the heirs for two days, and [serves] the legatee for one day. If
the legatee dies, [the slave] returns to the heirs, but if the legatee dies during

the life of the testator, the bequest is void.

#) gw A.8 CBM, Su en Ann? 3) \9 CMe AJ) 23) \a\ 9

When someone makes a bequest to the children of so-and-so, the bequest
is between them, the male and the female being equal in that respect.

ABW Ler fhe SW ragin Are gb OE By 9) coral ol s

If the testator makes a bequest to the heirs of so-and-so, the bequest is
between them [according to]: “For the male there is the equivalent of the
share of two females.” !4’’

SA age 3 poe 1513 cals El 9 poe 9 yesh Gas
4 AS

Whoever bequeaths to Zayd and ‘Amr a third of his property, but ‘Amr

was dead [at the time], then the third all goes to Zayd.
9S NS ee 39 9 pe 9 5 Oe De E> SE OI s
ayers

If he says, “A third of my property is [to be shared] between Zayd and
‘Amr,” and Zayd was dead [at the time], ‘Amr has a half of the third.‘*”°

ge okl goal YL S| Fad Je Vy Se El gol yes
Coghl ue ac bb EE 4!
Whoever bequeaths a third of his property and he has no property [at all],

then later he earns some property, the legatee is entitled to a third of whatever
[the testator] owns at [the time of] his death.

251 OLS
FARA’ID —- INHERITANCE

ho PY Gola <p BBS) SAN 50 wes 3 Le aol
cola iT ely ZV y dhe Sg AW gl bly Vy «Jae
deal d 929 <e a Sy ceall nls

There is unanimous agreement that ten males inherit:
. A son,

. A son of a son, even if lower in descent, !*””

. A father,

. A paternal grandfather, even if higher in ascent, '*°°
A brother,

A son of a brother,

. A paternal uncle,

. A son of a paternal uncle,

. A husband, and

10. A master who sets [his] slave free.

CONAUKR WN

SN 9g BAL 9 cal g tS Cts eC ta UY ys
GONG CHING Cy Facey gical an 8 31 yal
doaS| BY g¢9 «doy Sig

and of the females there are seven:

1. A daughter,

2. A daughter of a son,

3. A mother,

4. A grandmother,

o. A sister,

6. A wife, and

7. A mistress who sets her slave free.

Jaly ills J still ge Gy 3 gl eda yl Sp Vo
ol
Four [people] do not inherit:
1. A slave,

2. A homicide from the person kille

3. A person who reneges [on Islam], and
1482

det

4. People of two [different] religions.
ee ly aad) die DLS a LS 3 dorqtodl 29 ls

There are six shares fixed in the book!*°? of Allah «:
1. A half,

2. A quarter,

3. An eighth,

4. Two-thirds,

5. A third, and

6. A sixth.

eeu SS J ab el egy ned) aL yo) walls
NY el OS al \>\ SN So aly SN esl, cas
Jae SN 9 Cpl aly Vo yg ec SO IM ea My ely
The half is the fixed share of five [persons]:
1. A daughter,
2. A daughter of a son, when there is no proper daughter,
3. A full sister, !*°*
4. A half-sister from the same father if there is no full sister, and
5. A husband, when the deceased [woman] has no children and no
srandchildren [from a son], no matter how much lower in descent.
ANS) BL pWy Jae! g HW ys Sel ae eo edly
cp) Ay Vy Wy Cee OS

The quarter [share | is:

1. For the husband with a child,'*°° or [with] a grandchild, !°° even if
lower in descent,
2. For the wife, when the deceased [husband] has no children or
srandchildren [from a son].
RW Bg sl Ug pe leg W eidly
The eighth [share] is for wives with a child,!*°’
son].

or a grandchild [from a

79 SY) areal yd pf lelad Sl JIS SUE

The two-thirds [share] is for every two or more of those whom a half is
their fixed share, except the husband.
ee OSI Ng cyl No Wo cdg Cus) ow , \>\ on ES 9
re lyad ol S19 8Q5-Y
The one-third [share] is for the mother, when the deceased has:
1. No child,

2. No grandchild [from a son], or
3. Two or more brothers or sisters.

3h Olgels G93 hy - be SB Olan 8A Lay
domo 3 3! 953) p23 de bbe EE YB - Sl aly BL yal
A third [share] of whatever remains is assigned to her as a fixed share in
two cases,'*°° and they are [in the presence of]:
1. A husband and both parents [of the deceased], or
2. A wife and both parents [of the deceased], '4°"
so he has a third of whatever remains after the fixed shares of the husband

or wife.147°

eg Ad gS) 9 oy 95S eS aly ye lelad Gul JSS gg

It is [also] for every two or more uterine siblings, the males of them and
the females of them being equal in that.'*"!

Jp 3i Wo)l we Spe ge daly JS dae 92,5 ads
Aly gh As ae tbls lied) gay cBgS Vl as Wy gro cop
WW | te WwW Sol gs We cand (* cpl lite copy

S} : | . a
ey! ls eos A>| Wo cadly

A sixth is the fixed share of seven [persons]:

1. Each of the parents along with a child or a son’s child,!*?"

2. The mother along with siblings, '*’°

3. It is for grandmothers [with a child or a grandchild [from a
son||,°".

4. The grandfather!**° with a child or a grandchild [from a son],

5. Daughters of a son (granddaughters) along with a daughter,

6. Sisters from the father along with a full sister, and

7. A single uterine sibling.

Eclipses in Inheritance
Ay Shey 8599 ably AVL Glad! Laas,

1. Grandmothers are dropped [from the inheritance] because of [the
presence of] the mother,

2. The grandfather, brothers and sisters [are dropped] because of [the
presence of] the father.

Ad 9 AM ycgpdl ayy ld dar Sl aob Alay Line »

And the uterine sibling is dropped [from the inheritance] because of any
one of four [persons]:

1. The child,

2. The grandchild,

3. The father, and

4. The grandfather.

09S SIV Ge ly dade QA Sls eel 131g
gana’ cy! cy) ON hae! gl S@l5gb

When the daughters take [their] two-thirds in full, the granddaughters are
dropped, unless there is a grandson [from a son] at their level or below them,
so he agnatises'*’’ them.

A cl SS chads al oly Hols Kel 151 5
peed ob Fl gene OK ONY)

When full sisters have taken [their] two-thirds in full, the agnatic sisters
are dropped, unless there is with them a brother who agnatises them.

RESIDUARIES (‘ASABAT)

Ww o ad « ow yl eo was) ‘ 6) gud lass | Wy Sl 9
J2| ! ae we cals ie ALI oo ~ cog>Y | 9 wy |

The closest residuaries (‘asabdt) are:

1. The sons, then

2. Their sons, then

3. The father, then

4. The [paternal] grandfather, then

5. The sons of the father, and they are the [agnatic]| brothers, then

6. The sons of the grandfather, and they are the paternal uncles, and then
7. The sons of the great-grandfather. '47°

alg ol ye OT Spe ea Volb Soya BN 5G gtd 131g

When the sons of the father are level in one class, then the more deserving
of them is whoever is from the [same] mother and father.'*?”

dar Jeo Si corgi gel 5 gowlis dS Mo oN syle ply
SSN

The son, the grandson [from a son] and the brothers share!°’? with their
[respective] sisters [according to]: “For the male there is the equivalent of the
share of two females.”!°°!

wP EL O92 dy SSSI Mb 2,2 Slraall Oe palte Gay

Apart from these residuaries, their males alone inherit [and] not their
females. !°°
ob Gedl DM 5 dpa Call ye dyae gS J ld] y
Bohl dyes oy OBIE OY
If there is no agnate [residuary] relative, then the residuary is the master

who sets free [if the deceased was his freed slave], then the closest, then the
next closest from the agnate relatives of the master.

atl ob

EXCLUSION FROM INHERITANCE (HAJB)
gl cpy| As gl Nl Uprend | 4 So ux “ wots
el
The mother is excluded from a third [of the inheritance] [but instead
receives| a sixth by [the presence of]:
1. A child,

2. A grandchild [from a son], or
3. Two brothers.

Jie SM ceglely pV GI obs! 25 os Jelaly
The residue from the daughters’ fixed share is for the grandsons and their

sisters [on the basis of]: “For the male there is the equivalent of the share of
two females.”!°°

Se My FFU Py CW SI SI O23 ye L2lLy
The residue from the full sisters’ fixed share is for the agnatic brothers and

sisters [on the basis of]: “For the male there is the equivalent of the share of
two females.”

st Sly (dyes | culls cop Ce cpl ly » ven J \>\ 9
OSS Ler Sho SW agi gels
When someone leaves a daughter, and granddaughters by a son and
grandsons by a son, then the daughter has a half and the remainder is for the
srandsons and their sisters, [on the basis of]: “For the male there is the
equivalent of the share of two females.”
Ls ¢ NI od Sls OW ee ur oF ola NAS s
[And] likewise, the residue from the full sister’s share is for the agnatic
brothers and sisters [on the basis of]: “For the male there is the equivalent of
the share of two females.”
Lege SLL g <prenll EME ed eI LP | oF SNS oy
lays
Whoever leaves behind two sons of a paternal uncle, one of whom [also]

is a uterine brother,!°°* then the [uterine] brother has a sixth, and the
remainder is [shared] between the two of them in two halves.

The Issue of Mushtarakah
al os Bgb | g— Bae gl— bly leg 5 ALM IG Ol eS RL
ol SYN «pte Us awa)! 7 9 Ue aly wl ye Ely
Si U2 SW est Vy EUS
Mushtarakah is that a woman leaves behind a husband and a mother — or a
srandmother, [some] uterine brothers and one full brother, then the husband

has a half, the mother a sixth, the uterine brothers a third and there is nothing
for the full brothers.

ool
REDISTRIBUTION OF RESIDUE (RADD)

wale 2908 Anas S315) lel 695 V2,5 ye Lelalls
ea NN de TY cgokey
When there are no residuary heirs, the excess after the fixed shares of

those who have shares (dhawu’s-siham), is redistributed among them
according to their shares, except to the spouses.

J gtakl sys lal oy Vy

The [unintentional or deliberate] homicide does not inherit from the [one
whom he| killed.

« pI) pole Oy Ys cabal a Sy) ge obo| 9 Als PSSM
eh pI Yo
Disbelief (kufr) is one religion;!°°° its people inherit because of it [from

one another], but the Muslim does not inherit from the disbeliever nor the
disbeliever from the Muslim.

eB Airy Se Banc | beg cpl ye ad) MI Slag

The property of the renegade is for his Muslim heirs. Whatever he had
earned during his state of reneging [on Islam] is fay’-booty.

aS) 9 ye low agie sols JS Sle Vol
When a group [of people] drown or a wall falls on them,!°°® and it is not
known who amongst them died first, then the property of each one of them is
for their heirs who are living.!°°”
M9 art B18) OWNS geal aetel 1515
When two close relationships are united in a Magian, such that if they

separated into two [distinct] persons, one of the two would inherit with the
other, [the Magian], [in such a case] would inherit from them both.

ee Z Le gle el Sd Lal | Zab ( gol Soy Vs

The Magian does not inherit by the invalid marriages which they deem
lawful in their religion.°”°

Legal b ge dic wy 9 U3}! wy dacs

The residuary heirs of the illegitimate child and [of] the child of [a couple
who have engaged in] imprecation (muld‘anah)!°°” is the master of their
mothers.

598 3 gba Bh pl acd sm alle Lily Me Ady Oe ey

1510 remains

according to the verdict of

Whoever dies and leaves behind an unborn child, his property
suspended until his wife delivers her child,'°?!!
Abu Hanifah, may Allah have mercy on him.

SS al ary dage gl ue SY ye SLL Dol alls
4a SIT gel : SLs AW Lge) tot 9 dwg gil S59
According to Abu Hanifah, may Allah have mercy on him, the grandfather
has more right to the inheritance than the brothers. Abu Yusuf and
Muhammad, may Allah have mercy on them, said that he shares with them

[equally] unless the [act of] sharing reduces [the share] for him to less than a
third.

Spe PM eckead ld old Cenetn! (Lg

When there are grandmothers joined together, then the one [who is] the
closest of them has a sixth.

dsl tL| Lt g

The grandfather excludes his own mother.'°!*

eee AV gl el OS Vy
The mother of the maternal grandfather does not inherit any share.

gel LH bie JS

Every grandmother excludes her own mother.

alas! $99 wb

RELATIONS BY THE WOMEN’S SIDE (DHAWU’L-
ARHAM)
wy cole yl 9 93-45) 9 age 93.Vy Anat Sera SO JS 5
SEN g gad Qe 9 PW Se 9 SSW ly 9 coal ay 2 he
ees el oy ‘al S99 cAvall g ey walls esl lo AL
aoa

When the deceased has no agnate residual heirs (‘asabah) and no
[Qur’anic possessors of] fixed shares (dhu sahm), relations by the women’s
side (dhawu’l-arham) inherit him. They are ten:

1. A child of a daughter,

. A child of a sister,

. A daughter of a brother,

. A daughter of a paternal uncle,

. A maternal uncle,

. A maternal aunt,

. A maternal grandfather,

. A paternal uncle of the mother,

. A paternal aunt,

10. A child of a uterine brother,

and whoever is connected through them.

OO CON DU BW N

Lr ol cop Wl Ng wo clad! wy oY MS os eas’?
LP | ry 4) gil Sol Ao ~ cl oI Nols boo Sle ay
Slalls NU. Shei 9
The most deserving of them is he/she who is:

1. From the children of the deceased, then

2. The children of the parents, or of either of them, and they are daughters
of brothers and children of sisters, then

3. Children of both parents of his parents, or of either one of them, and
they are maternal uncles, maternal aunts and paternal aunts.

m¢ als Oy! 9 Jal ee eas? dm y> 3 OL Ly 5 gtel 13] 3

wae uw dol

When two [distinct] heirs are level at any stage, then the more deserving
of them is the one who is [closer by being] connected through an heir, and the
closer of them is more deserving than the further of them.'?!°

SEV EW Uy oe Lal eV gly
The maternal grandfather is more deserving than the child of the brother
and [the child] of the sister.
Anas OS a \>\ egal 59° re iO held ae galls
O} gus
The master who sets free is more deserving to the residue of the share of
those who have fixed shares when there is no residual heir other than him.'°!*

Mp OT! hl J p09

The master in the contract of clientage (mawla’l-mawalah) inherits./°!°

Sb APs. * W ALS oy “| oy LI azak| 235 lal 6
o) us oe ee See ee
cp sels Lead! OW dbs al ae, Raw 9 yl

When the freed slave leaves behind the father of his master and the son of
his master, his property is for the son, according to them.'?!° Abii Yusuf, may
Allah have mercy on him, however, said that the father has a sixth and the
son the remainder.

all ary daze gl Le dod JUG ge Fly Age te 35 Ob
Lain 9s SUS all gay dat g cdengs ofl Jldy SL
If [the freed slave] leaves behind [both] the grandfather of his master and
the brother of his master, then the property is for the grandfather, according

to Abu Hanifah, may Allah have mercy on him, but Abu Yusuf and
Muhammad, may Allah have mercy on them, said that it is for both of them.

tgs Vy call ple Vo
Clientage (wala’) cannot be sold or gifted.
VAI aloe ob
CALCULATION OF SHARES (HISAB AL-FARA’ID)
hela «sha leg head gl tdyasy a BLAM 3 GIS 151
nO! iy

When, in a case, there is a half and a half, or a half and the remainder, its
basis is two.!°!”

If there is a third in it and the remainder, or two-thirds and the remainder,
then its basis is from three.!°!®

das! yo hel ixaig ee g\ ley woke SS ols

If there is a quarter in it and the remainder, or a quarter and a half, then the

basis is from four.!°!”

Asli or lsLols wiry 6 gle, leg ok gd OI U9

If there is an eighth in it and the remainder, or an eighth and a half, then
the basis is from eight.

dw 0 hold oteng had gl EB ai yd OW Is

If there is a half and a third in it or a half and a sixth then its basis is from
SIX.

b pint 9 dandy ASE y dame SI J gay

[The basis of decision] may rise to seven, eight, nine and ten.°*°

J 98g he SI ye held pte OU & SN ae SI OI y
pio ngage dandy pte BU JI

If there is with the quarter a third or a sixth, then its basis is twelve, and

that may rise to thirteen, fourteen and fifteen.
dar sl ce held OWE gh Gliae Gell ae OW 1515
Mad timaadtl (Sf grade pitig Aemmiedl Lady gpg
cows A 33 Je
If there is with the eighth two-sixths or two-thirds, then its basis is twenty-
four, and it may rise to twenty-seven. When the issue is [fully] distributed
between the heirs then that has worked out correctly.
eel 3 emote pel? agile gre Bd lew ent J Ol»
If the shares of a group of them do not properly divide up, then multiply
their number [of sharers] by the basis of the case, and adjust it if it needs to
be adjusted. Whatever is produced, the case will work out correctly with that,
like:
Ce A nN 9 weer dl BLyald se ge ly BL lS
53 DLN Jel B G5) oped Lede ead Vy creel
BLM eae leroy ALE
A wife and two brothers — the wife has a quarter share and the brothers
have the remainder: the three-quarters. It does not divide between the two

[brothers equally]. You multiply two by the basis'°*! in the case and it
becomes eight [shares]. The issue works out correctly with that.'°?7

LAM Sool 3 eroie 33 Ww pale ceBode week gl 9 B\C

If their shares agree with their number, then multiply their highest
common factor (wifq) with the basis of the case, like:

web Y gel BG BS We aj Spel Soh] ding dl lS
ra Wee LAL Joel b parse C5 Onbld cogde
A wife and six brothers — the wife has a quarter and the brothers have

three shares [i.e. the remaining three-quarters] which do not divide [fully]
amongst them. You multiply a third of their number by the basis of the case

and from that the case will work out correctly.'°*°

Be BN tol ped IST ol Gb 8 cle nd J OV
JM fal Bacal eS OW gy DE acollegs SI
If the shares of two parties or more do not [fully] distribute, multiply [the
shares of] one of the two parties by [those of] the other. Then, [multiply] the
aggregate with [the shares of] the third party. Then, [multiply] the aggregate
with the basis of the case.
lS SI OF LPua| \5>l ac Sluis Ob
LM Jal 8 nS) opel on gels
If the numbers are equal, either of the two will be sufficient for the other,

like two wives and two brothers; you multiply two by the basis of the
1524
case.

JIN ge FTN 2th BIN oye lege Gpouall eT OF oly
2S gs Sigal da NN ee 92 NL egy gly 8p-s A IWT
If one of the two numbers is a factor of the other, then the larger [number]

is sufficient for the smaller, such as four wives and two brothers; when you
multiply by the four, it suffices you for the other.'°7°

net 3 Lael by So pe SM Goose sol Sly OV
siQf idol 9 Bhead wo ia aalal, Cal Saeele bs
3 Psa | aed pdb dad Aen SI S815 AS ebe|
cre yy AS OSS ALM Joel b aete| le 3 Pl at
Ld ro lures
When one of two numbers conforms to the other, you multiply the highest
common factor of one of the two by the aggregate of the other. Then, [you
multiply] the aggregate by the basis of the case, such as four wives, one sister
and six paternal uncles; six conforms to four [in being divisible] in half. You

multiply half of one of them by the aggregate of the other,!°*° then [you
multiply] the aggregate by the basis of the case, it becomes forty-eight, !°~’

and from that the case works out correctly.
end oe as ji\ 3 Syho Js eke uw rel a \s\s
When the case [works out] correctly, multiply the shares of each heir by

the inheritance, then distribute the aggregate on account of whatever share is
correct,'°*® and the right of the heir will be produced [in this manner].!°*”

Se pes FOF SB By aelol so dS Al andi M31 9
See K SWLM coe tsb ad 9 te Le geal JVI oul
Alam Wy GO OM day pb core edd Daly LA
5 Kt B19 EN Boel ote 92 WL 8
BB\ ye Ande, jb are Cows ley GI OOM oly

When the inheritance has not been distributed until one of the heirs dies: if
whatever he was receiving from the first deceased, divides amongst his heirs,
then both cases will work out correctly according to how the first worked out
correctly, but if it does not divide, the share of the second deceased will work
out correctly according to the manner which we have mentioned.!?°’ Then
[the share of] one of the two cases will be multiplied by the other, even if
there is no common factor between the shares of the second deceased and that
according to which the share worked out correctly.!°?!

Led Sa) BAS DL pdb Sail y0 agelgn COT GL
do! LOM iY iS a! eo SS cL ALe Sas Ce
tye epg ad OWS Spey ASE DLL are Cone be bg ps
GUS OAM 8555 339 8 Go pee AS JL
If their shares do have a common factor, then multiply [the highest
common factor of] the second case by the first. Whatever is aggregated, both
cases will work out correctly. Everyone who has something [of inheritance]
from the first case, it is multiplied with whatever the second case has worked

out correct with, and whoever has something from the second case, it is
multiplied with the highest common factor of the inheritance of the second

deceased. /°°4

SS ae le Ad pre Hisshy (Ade LAI 3) uve haere! \d\9
dm Soho SS ple ged OIE & 5d Lo cpr rly 48
When the issue of abolishment (mundsakhah) [works out] correctly and
you wish to know what each one would receive according to calculation in
dirhams, you divide whatever the case was correct on with forty-eight

[grains].'°° Whatever proceeds, you would take that for him as a measure
from the shares of each heir.'°**

APPENDIX ON ZAKAH
TABLE TO SHOW RATES OF ZAKAH IN CAMELS

No. of Camels (Nisab) Amount of Zakah

O—4 0

5 — 9 1 goat (1—yr old)
10 — 14 2 goats

15 — 19 3 goats

20 — 24 4 goats

25 — 35 1 bint makhad
36 — 45 1 bint labtn
46 — 60 1 hiqqah
61— 75 1 jadha‘ah

76 — 90 2 bint labuns
91 — 120 2 hiqgahs

Thereafter, the obligation is refreshed; thus,
for every five camels over 120, there is one
goat, and so forth.

a Amount of
Camels Zakah
(Nisab)
1 goat + 2
125 — 129 bigeahe
2 goats + 2
130 — 134 hindahe
3 goats + 2
135 — 139 hiqqahs
4 goats + 2
140 — 144 hiqgahs
1 bint makhad +
145 — 149 2 hiqaahs
150 — 154 3 hiqqahs
1 goat + 3
155 — 159 hiqdahs
2 goats + 3
160 — 164 biduahs
3 goats + 3
165 — 169 hiqgahs
4 goats + 3
170 — 174 higuahs
1 bint makhad +
175 — 185 3 hiqaahs
186 — 195 {bint labin + 3
hiqqahs
196 — 200 4 hiqgahs
200+ This theme will

continue as it started from 150
camels onwards.

TABLE TO SHOW RATES OF ZAKAH IN BOVINES

No. of Cows/Buffaloes (Nisab) Amount of Zakah
0 — 29 0
30 — 39 1 tabi‘ or tabr‘ah
40 — 59 1 musinn or musinnah
60 — 69 2 tabi‘s or tabr‘ahs
70 — 79 1 musinnah + 1 tabi‘
80 — 89 2 musinnahs
90 — 99 3 tabi‘s

100 — 109 2 tabi‘s + 1 musinnah

It is irrelevant whether the tabi‘/musinn is a male or female; the payment
of zakah can be made in either.

Note: 1 tabi‘ is equal to 30 bovines and 1 musinn is equal to 40 bovines.
This table corresponds to these amounts and eases the calculation of zakah
therein.

TABLE TO SHOW RATES OF ZAKAH IN OVINES
(SHEEP AND GOATS)

No. of Goats/Sheep (Nisab) Amount of Zakah
OQ — 39 0

40 — 120 1 goat
121 — 200 2 goats
201 — 399 3 goats
400 — 499 4 goats
900 — 599 9 goats
600 — 699 6 goats
700 — 799 7 goats
800 — 899 8 goats
900 — 999 9 goats

1000 — 1099 10 goats

... and so on (+ 1 goat for every 100 ovines).

‘abd

‘abd mahjur
abiq

abras

adab
‘adalah
‘adi

‘adl

afaqi

ahl al-harb

ahl al-khittah

Ahl al-Kitab
‘aqjam

ajir

ajir khass

ajir mushtarak

‘ajIzZ

GLOSSARY

father.

Slave, bondsman.

legally incompetent slave.

fugitive slave.

leper.

(pl. adab) conduct, moral value, etiquette,
manners.

moral uprightness, justice; leg. the condition
of being a witness in legal proceedings, esp.
in a court of law.

land which is barren from an unknown time.
(also ‘adil) someone who is morally upright
and just, in order to be a legal witness.
someone who is from beyond the miqat.
enemy fighters, combatants, those fighting in
war, those from enemy territory dar al-harb.
original and native inhabitants, authorised by
the authorities to build and settle in lands
conquered by the Muslims.

(sing. kitabi, fem. kitabiyyah) the People of
the Book, referring to the Jews and christians.
non-Arab.

(pl. ujard’) someone who contracts to work
for wages.

employee; someone who is employed for
wages by a specific person or company.
hireling; someone who works for different
people as a self-employed person.
insolvent, broke, incapable.

ajnabi
akh
akh li-ab

akh li-ab wa’l-umm

akh li-umm

amah
Amanah

amd

amm
‘ammah
aniyah

‘aqilah

‘aqiq
aqta‘
‘ard
‘ariyah

arsh

‘asabah

asl

awl

(fem. ajnabiyyah) foreign, alien; non-
mahram, stranger.

brother.

brother from the same father but different
mother, consanguine brother, agnate brother.
full brother, brother from both parents,
brother- german.

uterine brother, brother from the same mother
but a different father.

(pl. ima’) female slave, bondmaid.

trust.

deliberation, intention, willfulness; gatl
al-‘amd is willful homicide.

paternal uncle, father’s brother.

paternal aunt, father’s sister.

pot, utensil.

blood-relatives; male agnates of the offender,
or ‘asabah, who are liable to pay diyah to the
heirs of the slain in the cases of gatl al-khata’
and gatl shibh al-khata’. They may also be
his co-members of the drwan register of
fighting men (see also ma ‘aqil).

carnelian.

amputee.

(pl. ‘urud) goods, merchandise.

commodity loan.

estimated penalty for injury against the body,
amercement.

(pl. ‘asabat) consanguine member of the
family, agnatic relatives; the residuaries in the
distribution of inheritance who receive what
is left over after those who inherit fixed
shares (fard’id) have inherited.

source, base, root, foundation, principle.

in inheritance the method of adjustment by

ayah
ayisah

ayn

ayyam

azl

B
badal
badanah
ba’i‘

ba ‘id

ba’inah
ba ‘ir

baligh

bagar

bay

baynunah sughra

baynunah kubra

bayt al-mal

which fractional shares are allocated.

verse, sign, miracle.

a woman in menopause.

a definite item that is defined by weight,
measurement or other method of quantity
determination. In a contract, such an item is
present and physically accessible by the
possessing party; tangible property; cash, i.e.
dinars and dirhams, as opposed to credit.
(sing. yawm) days.

coitus interruptus, withdrawal of the penis
and ejaculation outside the vaginal cavity.

substitute.

cow or camel.

seller.

far, distant, later.

a woman who has been finally divorced with
talaq ba’ in.

camel, esp. for carrying loads.

someone who has attained the age of majority
or puberty; a major.

cows; includes large domesticated bovines
such as buffaloes, etc. that are reared for dairy
or meat products.

Sale, exchange, barter, trade.

final divorce resulting from the termination of
the ‘iddah following a taldag raj ‘T— a divorce
in which the husband has the right to return
his wife to him within her ‘iddah — waiting
period.

irrevocable divorce resulting from the
issuance of the third divorcement.

treasury.

br‘ah
bid‘ah

bida‘ah

bikr
billawr
bint as-sulb

bint labun

bint makhad

bulugh

dahr

dalil

dam

daman
damanah
daniq

dar al-baghy
dar al-harb

dar al-Islam

da ‘wa

Synagogue.

innovation.

merchandise; the submission of property or
wealth to another so that the latter may carry
on business and submit its profits to the
former.

(pl. abkar) virgin.

crystal.

proper daughter.

two-year old she-camel; camels that are
daughters of a suckling camel and that have
begun their third year.

one-year old she-camel; camels that are
daughters of a pregnant camel and that have
begun their second year.

reaching puberty; attaining the age of
majority.

time, era.

evidence, proof, instruction, direction.
animal sacrificed as atonement.

liability, compensation, guarantee, surety.
see kafalah.

a silver coin worth one-sixth of a dirham.
rebellious territory.

enemy territory, hostile land, war zone,
hostile non-Muslim state.

area under jurisdiction of Islamic governance.
(pl. da‘awa) lawsuit, claim, legal
proceedings.

day ‘ah
dayn

dhabh

dhabihah
dhahab

dhakah

dhawu’l-arham

dhawu’l-qurba
dhimmt

dhira ‘

dhu rahm mahram

dhu sahm

diwan

diyah

diyah mughallazah
diyah mukhaffafah

estate, landed property, real estate, productive
land, valuable land.

debt.

lawful slaughter, performed by cutting the
four main vessels: the trachea, the oesophagus
and the two jugular veins.

slaughtered animal.

gold, it derives from the arabic verb “to go”.
slaughter performed according to prescribed
conditions.

distant kindred; in inheritance distant kindred
esp. uterine relations, those who have not
been allotted any share in the Qur’an and
Sunnah.

close relatives, near kindred.

(fem. dhimmiyyah) a non-Muslim living
under Muslim governance.

cubit; instrument of measure, usually from the
elbow to the tip of the middle finger.

(fem. dhat rahm mahram) male relative of the
prohibited degree for marriage due to
consanguinity, cognate relative.

(also dhu’l-fard, pl. dhawu’l-furud) allottee,
someone who has been allotted a share of
inheritance.

register of fighting men in particular;
archives, records, accounts, office, cabinet.
(pl. diyat) compensation paid to the victim or
to his successors for the loss of limbs or of
life; wergild.

exorbitant, or enhanced, diyah.

inexorbitant, or reduced, diyah.

fahl

faqir
far
faraq

fard ‘ayn

fard kifayah

faridah
farj
fasad
fasid

fasiq
faskh

fay
fiddah

fidyah

fiqh

male. lit. stallion.

needy, poor; someone who owns less than the
nisab.

branch, shoot, subsidiary, secondary, surplus;
also derivative ruling.

(pl. afraq) thirty-six ritls.

universal, or individual, obligation; a definite
obligation which each individual Muslim is
required to perform.

communal, or collective, obligation; a definite
obligation for the performance of which a
sufficient amount of persons are required to
respond, such that if some undertake it the
rest are absolved of any guilt, but if no one
undertakes it all will be guilty of wrongdoing.
(pl. fara’id) obligation, divine precept; in the
Qur’an the fixed share of an heir.

external genital organs.

vitiation; voidness, corruption or irregularity;
lacking necessary condition(s).

vitiated; void, corrupt, irregular; lacking one
or more of the conditions necessary to fully
establish an act.

deviant, dissolute, morally wayward, sinner.
repulsion, rescission, cancellation, abrogation,
annulment.

booty or property captured by Muslims from
enemy forces without fighting.

Silver.

ransom; redemption by donation — material or
otherwise — due to neglect or omission of a
religious requirement.

Islamic practical law (in-depth understanding
of).

fitrah

fulus

ghanam

ghanim
ghanimah

gharim
ghasb
ghasib
ghazi
ghulam
ghurrah

ghusl

hadd
hady
hajb

hajb hirman

natural disposition.
Copper coins, pennies, small change, petty
cash.

sheep and goats; includes small domesticated
ovines that are reared for dairy or meat
products.

conquering fighter in an army.

spoils, booty.

one party to a debt; the debtor, as against the
creditor; the creditor, as against the debtor.
expropriation, usurpation, coercion, extortion,
illegal seizure.

expropriator, usurper; someone who illegally
seizes the property of another.

someone who takes part in a military
expedition.

a boy; also used for a slave.

compensation paid for willful criminal
miscarriage or for causing the loss of the
foetus.

major ritual purification, bathing.

(pl. hudud) limit, restrictive divine ordinance,
divine legal limit, punishment explicitly
prescribed by Allah.

offering, sacrificial animal at hajj.
deprivation, exclusion, esp. of inheritance
where the presence of an heir excludes
another from inheriting.

total exclusion.

hajb nuqsan
hajj

hajjam
hajjt

hajr

hakim

halal
halalah

half
halif
halq
hamil
haml
hanut
haqiqi
haram
al-Haram

harb
harbr
harim
harir
hawalah

hiqqah

hilah

partial exclusion.

pilgrimage to Makkah.

cupper.

(also al-hajj) pilgrim, honorific title of
someone who has performed the pilgrimage
to Makkah — the hajj.

interdiction, legal incompetence.

ruler, king, person of legal or political
authority; mediator, arbitrator, intercessor,
referee, umpire, broker, adjudicator.

lawful, permitted.

making lawful; the impermissible legalisation
of remarriage after all three divorcements
have been exhausted by a legal artifice.
oath.

Someone who makes an oath; ally,
confederate.

throat, pharynx.

a pregnant woman; someone who carries
baggage, a porter.

foetus, embryo; baggage, luggage.

shop, store, tavern.

(fem. haqigiyyah) real as opposed to
metaphorical; corporeal, physical.

unlawful, forbidden.

the parts of Makkah in immediate proximity
to the Ka‘bah and excluding al-Hill.
military combat, armed fighting, battle, war.
enemy combatant, belligerent.

perimeter; boundary.

silk.

transfer of a debt; endorsement.

camels ready for riding and carrying loads
and that have begun their fourth year.
stratagem; a method of legalising that which

al-Hill

hin
hinth

hiqqah

hirz

hudud
hukmi

hukm shar ‘Tt
hulqum
hurr

i‘arah
‘ibadah
ibahah
ibaq

ibil

ibn as-sulb

ibn makhad

‘iddah

‘Id al-Adha

‘Id al-Fitr

is, under normal circumstances, not legal.

the outskirts of Makkah not including al-
Haram.

appointed time.

to do wrong, to violate, esp. al-hinth fi’I-
yamin the violation of an oath, perjury, falsely
Swearing an oath, etc.

three-year old she-camel.

a place of protection; a place of safe disposal;
sanctuary.

see hadd

(fem. hukmiyyah) legal.

a primary rule of law.

windpipe, trachea.

(fem. hurrah) freeman.

lending.

worship, an act of worship.

permissibility.

fugitiveness of a slave.

camels.

proper son.

one year old he-camel; camels that are male
offspring of a pregnant camel and that have
begun their second year

waiting period before a woman can remalrry
following divorce or the death of her
husband.

the Muslim festival which takes place in the
month of Dhu’!-hijjah, greater bairam or
kurban Bairami.

the Muslim festival which follows the month
of Ramadan, lesser bairam.

idtiba ‘

indad

ihsan

inya

ihya al-mawat
jab

ijarah

ijma*

ijtihad

ikrah

‘illah

imam

Imam

‘Innin

in sha Allahu ta‘ala
iqalah

‘1gar

iqrar

whilst donning the ihram, to place the top
sheet under the right shoulder and over the
left shoulder.

mourning of the divorcée or the widow,
usually by refraining from adorning herself.
the quality of being muhsan (see muhsan);
unblemished reputation, chaste,

to revive, give new life to, to renew.

to revive barren land, cultivation of virgin
land.

offer; compulsion.

hire, lease, rent; letting out on rent.

the consensus of Muslim jurists (mujtahids),
within a specific point in time, after the death
of the Prophet «, on a rule of law.

the intense effort exerted by a qualified jurist
in the quest to deduce laws from legal
sources. In Islam, those agreed-upon legal
sources are the Qur’an, the Sunnah, the
consensus of jurists and analogy.

coercion, duress, compulsion, intimidation.
vow of continence; vowing voluntary
abstention from sexual activity which if it is
for a period of four months or more can lead
to divorce.

underlying cause, ratio decidendi.

someone who leads Muslim prayers.

leader; Muslim legal scholar of the highest
degree, or amongst the elite.

impotent male.

if Allah, exalted is He, wills.

negotiated rescission of a contract, dismissal.
real estate, immovable property, real
property, landed property.

confession, acknowledgement; acceptance.

irtithath
istihsan
istilad

‘1taq

J
Jabariyyah

jadd
jJaddah

jJadh‘ah
jadha ‘
Ja’ ifah
jamrah
jJanabah
Jariyah
jihad
jinayah
jins
Jizyah
ju‘l
Junub

jurh

linger, survive, delay of death, etc.
application of discretion, juristic preference.

the act of becoming, or making, an umm al-
walad.

setting a slave free, emancipation,
manumission of a slave or bondmaid.

a school of thought believing in the
inescapable fate of man; fatalism.
grandfather.

srandmother.

four-year old she-camel; camels that have
entered their fifth year.

goat of six months and over.

wound that penetrates to the body cavity.
(pl. jimar) pillar that pilgrims stone during
hajj.

major ritual impurity requiring ghusl.

a girl; a slave-girl, a bondmaid.

war waged by Muslims according to the rules
laid down for it; to struggle, to strive.

(pl. jinayat) offence, crime, felony.
genus, type, kind, category, species.
Capitation on non-Muslims living under
Muslim governance.

payment, wages, remuneration; reward.
major ritually impure person requiring a
ghusl.

wound, injury.

(also known as damanah) guaranty, surety;

kafalah
kafalah bi’l-mal
kafalah bi’n-nafs

kafil
kafir

kanisah

kayl

khabith

khal
khalah
khalit
khalwah

khamr

kharaj
kharadjiyyah

kharij

khast

khasm

khata’

Khattabiyyah

bail.

surety of property or wealth.

Surety of person.

someone who is surety, guaranty; a guarantor
of payment or performance if another fails to
pay or perform.

(fem. kafirah) disbeliever; non-Muslim.
church.

a dry measure for identifying the quantity of
commodities that are measured by a three-
dimensional object, like wheat, salt, etc.; a
dry measure of volume.

evil, satanic, lit. foul or malodorous, esp.
person.

maternal uncle, mother’s brother.

maternal aunt, mother’s sister.

associate; someone who has a share in goods.
seclusion.

wine, alcoholic beverage, especially that
which is produced from grapes.

tax levied on the produce of land owned by
dhimmis.

accountable by way of khardj.

outsider; in legal cases where possession of
an item is involved, he is the one who is not
in possession, as against someone who has
possession (qabid).

a castrated or emasculated male, castrate.
antagonist, adversary or adverse party,
Opponent or opposing party in a lawsuit,
litigant, contender.

mistake; gatl al-khata’ is homicide by
negligence or misadventure.

a sub-sect of the Rawafid (Shi‘ah) who testify
in favour of anyone who swears an oath upon

Khawarij

khiyar
khiyar ar-ru’yah

khiyar ash-shart

khul‘
khums

khuntha
khuntha mushkil

khusumah
kinayah
kiswah
kitabah

kitabi

kufr

L
laban al-fahl

labbah
laqit

his claim.

seceders; a dissident school of thought who
rose in insurrection in the time of the first
community.

choice, option.

the option of seeing or examining the goods.
stipulated option of rescinding a contract or
Sale due to blemish or defect, stipulated right
of cancellation.

divorce at the instance of the wife.

a fifth; the share of war spoils that goes to the
leader.

hermaphrodite.

an indistinguishable hermaphrodite, one
whose biological inclination towards either
sender is difficult to establish.

lawsuit; argument; dispute.

implied, implicit, metonymy, allusion,
figurative.

clothing, dress.

contract between a master and his slave in
which the latter buys his freedom.

(fem. kitabiyyah) scriptural; someone who
belongs to the religions of Judaism or
Christianity (see also Ahl al-Kitab).
disbelief, infidelity; lit. covering over [the
truth]; ingratitude; rejection.

lit. the milk of the man i.e. the man due to
whom the woman witnesses milk in her
breasts after conception.

collarbone, clavicle, upper bone of the chest.
foundling.

li‘an

liss
lugtah

ma ‘aqil

mabi‘

madhy or madhi

ma’dhun

madrubah
mafqud
maghsub

maghsub minhu
mahqun ad-dam

mahr

imprecation by both parties with regards to
the accusation of unlawful sexual intercourse
made by the husband against the wife, where
the former is unable to produce four
witnesses; sworn allegation of adultery
against spouse; imprecation.

thief, robber.

found property.

(sing. ma ‘gil, meaning sanctuary). Leg. it
refers to those responsible to the victim, or to
the victim’s heirs, for an offence committed
by the offender, usually in the cases involving
diyah (see also ‘agilah).

goods of sale, saleable item(s), commodity,
object of sale.

pre-seminal or pre-ejaculatory fluid, sperma-
torrhoea.

authorised slave, a slave who has been
authorised by his master to carry out specific
tasks on the behalf of the latter, such as trade,
etc.

minted currency; currency in the form of
coins.

missing person, someone or something that is
lost.

that which has been expropriated, usurped;
seized property.

the victim of ghasb, whose property has been
usurped.

one whose bloodshed is to be prevented.
(also sadaq) dowry, what the groom gives to
his bride as a gift on their wedding.

the customary and reasonable amount of

mahr al-mithl

mahram
Mahrjan
majbub
majlis
makful ‘anhu
makful bihit

makful lahu
maktub ilayhi
mal

mann
maqdhuf
maqtu‘ ‘alayhi

ma ‘qud ‘alayhi
mar’

marad al-mawt

marhun
mashhud ‘alayhi
mashjuj

md ujriya majra al-khata

mawat

dowry that a woman of her status would
receive.

spouse, or relative of the prohibited degree of
marriage.

Persian Autumn Festival.

castrate, Someone whose genitals have been
amputated.

session, sitting; court of the judge.

primary obligee.

principal; primary obligor.

obligee, for whom the surety is made,
creditor.

addressee, to whom a letter or other postable
item is addressed or dispatched.

property, wealth, stock.

a maund; one maund is equivalent to 815.39
Ssrammes.

someone who is accused without any
substantiation of unlawful sexual intercourse.
victim of banditry.

item that is the subject of a contract.

food pipe, oesophagus.

terminal illness, final illness, that which is

connected to one’s death, when one is on
his/her deathbed.

the item pledged as security against a loan or
debt.

the person testified against in a legal decision,
the one against whom a testimony is made.
victim of shajjah.

homicide that resembles homicide by
negligence or misadventure (also known as
gatl gqai’m al- maqam bi al-khata’ and qatl
shibh al-khata’).

barren, uncultivated or virgin land.

mawhub

mawhub lahu
mawla’l-mawalah
mawla’n-ni‘mah
mawgquf ‘alayhi

maytah

milk
milk yamin
mi ‘rad

miskin

mithl

mithl al-qimah
mizmar
mu’ajjal

mu ‘ajjal

mu ‘ar
Mu‘attilah
mudd‘

mudabbar

mudarabah

mudarib

mudda‘a ‘alayhi

the object of donation, the gift, benefit or
favour.

donee, beneficiary, the recipient of a gift.
master in the treaty of amity.

the master who sets a slave free; benefactor.
the beneficiary of the endowment.

dead body, carrion; meat not slaughtered
according to sharr‘ah.

Ownership.
lawful ownership of slaves.
blunt object.

destitute person, someone who owns nothing
of property or goods.

fungible; reasonable; similar; customarily
reasonable.

reasonable price, customary value.

a musical instrumental of the woodwind
family, like the oboe or flute.

postponed, deferred, given time.

immediate, prompt, e.g. in the prompt portion
of the dowry payment.

subject of i‘arah; the commodity that is lent.
a religious sect which denies the attributes of
Allah.

bailee; trustee; custodian.

(fem. mudabbarah) a slave who is set free at
the death of his master.

trade contract in which the capital provider
Shares the profits with the trader but the
former alone bears the losses (also known as
qirad), silent partnership, speculative
partnership.

trader in a contract of mudarabah.
defendant, respondent, one against whom a
claim or charge is brought in a lawsuit.

muddda‘t

mudhabanah
mudi ‘

muflis

muhabah
muhakkim

muhal
muhal ‘alayhi

muhil

muhrim

mu ‘Ir
mujir

mujtahid

mukari

mukatab

mukhannath
mukrah
mukrih

plaintiff, claimant, appellant, petitioner, the
one who initiates a lawsuit.

throwing the commodity onto the ground, or
elsewhere, in order to settle the sale.
depositor; someone who places something on
trust with another; bailer.

bankrupt, insolvent, someone reduced to
Surviving on fulus (small change).
obligingness, nepotism.

mediator, arbitrator, intercessor, referee,
umpire, broker, adjudicator; someone who
appoints a muhakkim or hakim.

creditor.

someone to whom a debt is endorsed or
transferred (esp. hawalah).

someone transferring a debt; a debtor.
someone who has entered the state of ihram
for hajj or ‘umrah, someone who is wearing
the ihram. muhsan (fem. muhsanah) married
man or someone who has been married and
consummated the marriage, someone who is
safeguarded from the evils of zind by
marriage.

lender.

landlord; lessor; employee; hireling.

a fully qualified and independent jurist (see
ijtihad).

someone who hires animals; donkey-drover,
muleteer.

(fem. mukatabah) a slave who has entered
into a contract with his master that he will be
set free upon payment of an agreed amount, a
Slave who buys his freedom from his master.
effeminate.

coerced, compelled person.

compeller, someone who coerces.

mula ‘inah

mulamasah

mulham
multi

multagit
mu ‘mar lahu

munasakhah

munfarid
muq ‘ad
muqarr lahu

muqasamah
muqdirr
murabahah

murahiq
murtadd

murtaddah

murtahin
musa biht

musalah

(masc. mula ‘in) the woman who makes [i ‘an.
an unlawful transaction whereby a man can
feel a garment but is not allowed to unfold it
or examine what is in it, or he buys by night
and does not know what is in it.

woven fabric.

someone who makes the vow of continence or
abstinence from sexual intercourse from his
wile.

finder of a foundling or of found property.
donee, in a donation granted for life.

when subsequent heirs to a common
inheritance die and the inheritance is not
distributed until generations have lapsed.

one who performs his prayer on his own and
not within a congregation.

disabled.

someone in whose favour the confession or
the acknowledgement is made.

(see gismah) distribution, partition.

someone who confesses or acknowledges.
re-sale with profit.

(fem. murahiqah) adolescent, teenager, one in
his late teens.

(fem. murtaddah) apostate, renegade;
someone who leaves Islam and becomes a
disbeliever, having been a Muslim.

see murtadd.

pledgee, mortgagee, to whom a pledge is
made.

that which has been bequeathed or devised,
the subject matter of the bequest; bequest.

the party agreeing to the offer of a settlement
in a negotiated settlement (sulh).

Someone to whom a bequest is made, devisee,

musa lahu

musalih

musaqah

mushda‘

Mushabbihah

mushaf
mushtarak
mushtari
muSIL

musinn
muslam fthi

muslam ilayhi

muslim

mustahadah
musta ‘ir
musta ‘Jir

musta’min

the beneficiary of a will, legatee.

someone who initiates the negotiation of a
settlement.

cropsharing when someone waters or irrigates
an orchard or the crops of another for a share
of the produce.

common property, shared property, shared
tenancy.

a school of thought which ascribes human
characteristics to Allah,
anthropomorphisation of Allah,
anthropomorphism.

a written copy of the Noble Qur’an.

common, collective, in which there is more
than one partaker; that which is shared
between many.

buyer, purchaser.

bequeather, devisor (in the case of real
estate), testator, one who makes a will or
bequest before he dies.

(fem. musinnah) two-year old male calf.

the subject-matter of the contract of salam.
the person to whom advance payment is made
in a contract of salam.

the one who makes the advance payment in a
contract of salam; adherent of the din of
Islam, someone who submits peacefully to the
will of Allah, exalted is He.

a menstruating woman.

borrower.

tenant; lessee; hirer; leaseholder.

someone who is given assurance of temporary
protection, such as an enemy combatant who
enters Muslim lands for any specific non-
hostile activity, etc.

mut ‘ah
mutallagah

mutaqasim

muwakkil
muwalla
muwathabah

muzdbanah

muz@hir

muzakkt

muzara ‘ah

N
nabidh
nadhr
nafaqah
nafy

nahr

na’ihah

gift of consolation; temporary marriage.
divorcee, a woman who has been divorced.

allottee in partition, someone at whose
instance a partition is made, applicant for
partition.

someone who appoints the agent or attorney;
the principal in a contract of agency.
appointed person, candidate, successor.
prompt assertion of a claim (esp. in the
presence of witness), as in the right of
preemption.

the sale of fruit on trees in exchange for
picked fruit.

someone who commits zihar.

someone who pays zakah; someone who
attests to witnesses, someone who declares
another to bear the qualities required under
the rule of tazkiyat ash-shuhud.
cropsharing (also known as mukhabarah,
muhaqalah and qirah).

an infusion of dates and/or raisins. Sometimes
alcoholic.

vow, pledge.

supply of the means of living, maintenance,
expenditure.

banishment, exile; negation.

sacrifice or slaughter performed by stabbing a
creature in the jugular vein in the lowest part
of the neck (esp. when slaughtering camels).
professional, or occupational, mourner;
Someone who cries in grievous circumstances
for wages.

najasah
nama’

naqi‘
naqir

nasab

naskh
nayroz
nifas

nikah
nikah fasid

nisab
nitaj
niyyah
nukul

nushuz

gaba’
qabid
qabilah

impurity, filth.

srowth, expansion, extension, natural
increase, increment, multiplication.
infusion.

a hollowed piece of wood.

lineage, ancestry, kinship, genealogy;
descendants, progeny.

to repeal, abrogate

Persian New Year’s Day.

postnatal bleeding.

marriage contract; the institution of marriage
itself.

irregular marriage, invalid marriage where
one or more of the conditions of the marriage
have not been fulfilled.

minimum amount of property obliging
payment of zakah.

produce; the act of bearing offspring.
intention.
refusal to take an oath.

discord (marital); violation of marital duties
on the part of the husband or the wife.

an outer garment with long sleeves.

the possessor, esp. of an item in a lawsuit, as
against the kharij.

midwife.

Qadariyyah

gadhf
qadhif
qadi

qafiz

qard
qarib
garib al-bulugh
qarin

gasamah
qasim

gata’ if

qat* at-tariq
qati‘ at-tariq
qatl bi’s-sabab
qirad

qisas

qgismah
qital
qiyam
qubul
qur’

a school of thought purporting to believe in
man’s freewill to the extent of denying the
Divine decree.

unsubstantiated accusation of unlawful sexual
intercourse.

one who, without substantiation, accuses
another of unlawful sexual intercourse, one
who commits the offence of gadhf.

judge, adjudicator.

a volumetric measure equal to twelve sd‘s,
Hanafi 40.344 litres; others 32.976 litres.
loan, credit.

near, close, soon.

adolescent.

someone performing hajj giran.

an oath-taking procedure in order to establish
the guilt of the accused; effectively, it is the
exact opposite of compurgation.

distributor, one who is appointed to distribute
allotted shares.

small triangular doughnuts fried in melted
butter.

banditry, brigandage, armed robbery.

(pl. gutta‘ at-tariq) bandit, brigand, armed
robber.

homicide by accidental cause.

see mudarabah.

legally supervised retaliatory punishment for
bodily injury or killing.

division, distribution.

war, battle, military combat, armed fighting.
Standing posture in prayer.

acceptance.

menstruation.

rabb al-mal
rada‘
rahin

rahn

raj ‘ah

raj ‘iyyah

ramal

ramy

ra’s al-mal
rasds

Rawadfid

rawiyah
riba
riddah

riqq
ruha
rukhsah

ruqba

= 6

owner of the property, of the capital, of the
stock.

fosterage, suckling, breastfeeding.

someone who pledges or pawns something as
security for a loan.

pledge, pawn, collateral; security for a debt or
loan.

retraction of divorce.

a woman who has been divorced with talaq
raj ‘1.

to walk briskly with a strong intimidating gait
esp. during the first three circuits when
circumambulating the Ka‘bah.

pelting of stones esp. at the jamarat during
hajj.

financial capital.

lead.

a school of thought belonging to the Shi‘ah
sect.

a large leathern bucket used for drawing
water from wells.

usUrY.

apostasy, reneging [on Islam].

Slavery, bondage.

quern, hand mill.

exemption, concession, allowance.

donation on surviving the other, gift on
succession.

a cubic measure of four double handfuls,
equivalent to eight ritls according to the
Hanafi school.

sabi

sadaqah

sadaqat al-fitr
safatij

safth

sahah

sahib al-haqq
sahib al-yad
Sahiban

sahm

sahih

salab

salam

salas al-bawl
sarf

sarih
sarigah
sariyyah

sawm

sayrafiyya
shaft‘

minor; a boy who has not reached the age of
majority nor attained puberty.

in modern usage a voluntary charity.
However, in classical use it means both the
obligatory zakah and voluntary acts of giving.
(also zakat al-fitr) legally prescribed sadaqah
given at the end of Ramadan.

(sing. saftajah) bills of exchange like money
orders, cheques, etc.

fool, stupid person.

open land; public square; open field.

in whom rights are vested, the rightful
individual.

possessor.

Imam Abt Yusuf and Imam Muhammad,
may Allah have mercy on them both.

share, lot, allotted portion.

sound, authentic, valid, complete.

spoils of war from the belongings of one
particular fallen enemy combatant.

forward buying; advance payment; when one
party in the sale pays in advance to the other
party and the other party delays surrendering
the item.

incontinence of urine.

exchange, currency transactions, exchange of
currency or precious metals, such as gold,
Silver, etc.

express, explicit.

theft.

detachment, a small raiding party.

fasting, abstinence from food, drink and
conjugal relationships during daylight.
money-changer, teller.

preemptor; the executor of preemption.

Shahadah
shahid

shahid al-asl

shahid al-far‘
shahid

shdjj

shajjah

sharikah, shirkah
sharikat al-abdan

sharikat al-amlak

sharikat al-amwal

sharikat al-‘indan

sharikat al-mufawadah

sharikat as-sana’ i‘

sharikat al-‘uqud

sharikat al-wujuh
sharik

Shaykhan

shaykh fant

testimony, certification, evidence, witnessing.
witness.

(pl. shuhud al-as!) original witness, a witness
to the actual event in question with regards to
the testimony in a legal court.

(pl. shuhud al-far‘) the subsidiary witness; a
witness to the testimony of a shahid al-asl.
witness par excellence; martyr.

Someone who wounds someone with a
shajjah wound.

wound to the head.

company, partnership.

see sharikat as-sana’i‘.

partnership in which the parties have a share
in a physical item; physical partnership.

see sharikat al-‘inan.

(also sharikat al-amwal) partnership in which
all partners contribute capital and share the
profits and losses according to a fixed
measure.

partnership in which the partners contribute
their belongings and their labour.

(also sharikat al-abdan, at-taqabbul and al-
a‘mal) partnership in which the partners
contribute their labour in return for profits
according to a fixed measure.

partnership in which the parties contribute
either tangible goods, labour or rights and
non-tangible goods; contractual partnership.
partnership in which the capital is provided
on credit.

partner, co-owner; sharer, partaker.

Imam Abu Hanifah and Imam Abt Ytsuf,
may Allah have mercy on them both.
enfeebled old man.

shibh al-‘amd

shubhah
shuf‘ah
sinf

sirah

siyar
sulh
sultan

sunnah mu’akkadah

sunnah ghayr mu’akkadah

Sunnah

T
ta‘addi
tabi‘
tadbir
tafadul

taghliz
tahaluf
taharah
tahir

tahatur

quasi-intentional; gat! shibh al-‘amd is quasi-
intentional homicide which does not amount
to murder but amounts to culpable homicide.
doubt, uncertainty, confusion.

preemption.

sort, kind, category, type.

(pl. siyar) conduct, behaviour, manner;
biography (esp. of the Prophet Muhammad #;
military expedition, campaign.

see sirah.

negotiated settlement.

ruler, king, someone in supreme authority.
emphasised, stressed or persistently
performed practice of the Prophet
Muhammad «.

non-emphasised or irregularly performed
practice of the Prophet Muhammad «.

that which has been done, recommended or
tacitly approved by the Prophet Muhammad «.

delict; a civil wrong; tort; a breach of normal
precautions.

(fem. tabr‘ah) one-year old male calf.

committing to set a slave free after the death
of his master.

excess in weight or measure for the purpose
of riba.

exorbitance, or enhanced. esp. diyah.
mutual swearing of oaths.

purity, the process of purifying.

pure, Clean.

rebuttal, counter-evidence; confrontation of
evidences whereby they cancel each other out

tahlil

takbir

tahrim

takhyir
talaq
talaq ba’in

talaq raj ‘T
talbiyah
Tarafan

tasarruf

ta ‘sib
tawaf

tawkil
tawliyah
tawriyah

tayammum

taylasan

ta‘zir

tazkiyat ash-shuhud

(tahatur al-bayyindat).

the act or procedure of making halalah;
releasing oneself from thram.

the saying of “Allahu Akbar”.

the saying of the consecratory takbir, the
initial saying of “Allahu Akbar” whilst raising
both hands to the ears, indicating the formal
entry into the prayer; prohibition.

being given an option(s).

divorce.

final divorce.

revocable form of divorce, interlocutory
decree.

specific repeatedly-pronounced words during
hajj.

Imam Abu Hanifah and Imam Muhammad,
may Allah have mercy on them both.
transaction, disposal, discharge, usufruct,
disposition.

see ‘asabah.

circumambulation of the Ka‘bah.

the act of appointing an agent, the
appointment of a representative.

re-sale without profit, at cost price;
appointing a guardian.

dissimulation, when intentions or beliefs are
contrary to what one expresses.

dry ablution, an alternative purification or
substitute for wudu’ and ghusl.

pallium.

discretionary punishment; that punishment
which is not defined explicitly by the Qur’an
or the Sunnah; legislated punishment.

the process of inquiry that the court employs
to ascertain the eligibility and standard of a

thaman

thant

thayyib
thigah

tola

tuhr

tunbur

U
udhiyah
ujrah
ukht

ukht li-ab
ukht li-ab wa’l-umm

ukht li-umm

umm
umm al-ab
umm al-umm

umm al-walad

‘umra

witness, and whether the witness is just or
unjust, the attestation of witnesses.

price, payment, value.

five-year old camel, two-year old bovine or
one-year old ovine.

a previously-married woman from a matriage
which was consummated.

trustworthy.

a unit of weight equal to 180 grains or 0.375
troy ounce (11.7 grams).

purity; the period of cessation of blood
discharge from the vagina between two
menstrual bleedings.

a lute-like instrument, a musical instrument
with a pear-shaped wooden body and a fretted
neck, a mandolin.

sacrifice, immolation.
wages, remuneration, fee; rate; price.
sister.

consanguine sister, agnate sister, sister from
the same father but a different mother.

full sister, a sister from both parents, a sister-
german.

uterine sister, sister from the same mother but
a different father.

mother.
paternal grandmother.
maternal grandmother.

(pl. ummahat al-awlad) the slave-woman who
is mother of her master’s child.

donation of the use of something for life.
visit to the Ka‘bah to execute specific rites

‘umrah

uqr

‘urud

‘ushr

‘ushriyyah

W
wad
wad]
wad ‘ah
wahib
wajib
wakalah

wakil

wala’

wall

walimah

waqf
wagif

that may be performed at any time.

indemnity paid by the master to his slave-
woman when he performs unlawful sexual
intercourse with her.

see ‘ard.

a tenth, taxation paid by Muslims as zakah on
the produce of their land property, tithe.

accountable by way of ‘ushr, that which is or
may be reckoned as tithe, tithable.

post-urinal fluid.

jugular vein.

deposit; a trust, bailment.

donor, benefactor, one who gives a gift.

incumbent; that act or omission which is
proven by non-definitive evidence (if it was
definitive, it would be obligatory or fard).

agency, representation.

agent, attorney, representative whether legal
or otherwise.

clientage (or contract of) between a freed
Slave and his former master, amity (or treaty
of), succession.

Suardian; in cases of homicide, he is the heir
entitled to exact retaliation from the offender;
governor, ruler, administrative official.

wedding banquet.

endowment; charitable trust.

the person who endows a waqf.

(pl. awsaq) a cubic measure equal to sixty

wasaq

WadsL
wasiyyah
wazan

wifq
wilayah

wudw’

yamin

yamin ghamus
yamin laghw
yamin mun ‘agidah
Yawm an-Nahr

zad
zakah
zaman
zaman

Zan
zawal
Zaw]

zawjah

sa's.

Suardian, trustee; executor; legatee.
bequest.

weight.

highest common factor (e.g. in 8 and 20, the
hcf or wifq, is 4).

suardianship, jurisdiction, curatorship, legal
power, rule, political authority.

minor ritual purification, ablution.

oath.

false oath.
unintentional oath.
enacted oath.

the day of sacrifice.

supplies; luggage; remuneration.
mandatory poor-due.

someone who is chronically ill.
a period of time.

(fem. zaniyah) someone who has committed
unlawful sexual intercourse.

noon.

husband; used for male and female spouse,
partner.

wile; female spouse.
the husband’s unlawful comparison of his

zihar

ZING
Z1dq

Zujd]

wife, equating her with the back of his own
mother and, thereby, prohibiting intercourse
with her.

unlawful sexual intercourse.

(pl. azqaq) a unit of measure equal to fifty
maunds (see mann).

glass.

BIBLIOGRAPHY

The Noble Qur’an
Professor Shaykh Muhammad Imdad Hussain Pirzada. Tafsir Imdad al-
Karam (Urdu), Retford, UK: Al-Karam Publications, 2004 C.E.

Hadith Compilations

Imam Abu ‘Abdullah Muhammad ibn ‘Abdullah al-Khatib
at-Tabrayzi (d. 741 A.H.), Mishkat al-Masabih. Beirut: Dar
al-Kutub al-‘Ilmiyyah, 2003 C.E/1424 A.H.

Imam Ahmad ibn Hanbal Abt ‘Abdullah ash-Shaybani
(164 A.H. — 241 A.H.), Musnad Ahmad. Istanbul: Dar ad-
Da‘wah, 1982 C.E.

Imam Abu Abdullah Muhammad ibn Isma‘Tl al-Bukhart (d.
256 A.H.), Sahih al-Bukhari. Cairo: Thesaurus Islamicus
Foundation, 2000 C.E.

Imam Muslim ibn al-Hajjaj an-Naysaburi (d. 261 A.H.),
Sahih Muslim. Cairo: Thesaurus Islamicus Foundation,
2000 C.E.

Imam Sulayman ibn Ash‘ath Abu Dawtd as-Sajistani (d.
275 A.H.), Sunan Abu Dawud. Cairo: Thesaurus Islamicus
Foundation, 2000 C.E.

Imam Abu Muhammad ‘Abdullah ibn ‘Abdurrahman ibn
Fadl ibn Bahram ad-darimi (d. 255 A.H.), Sunan ad-
Darimi. Istanbul: CAGRI YAYINLARI, 1981 C.E./1401
A.H.

Imam ‘Ali ibn ‘Umar ad-Daraqutni (306 A.H. — 385 A.H.),
Sunan ad-Daraqutni. Beirut: ‘Alim al-Kitab, 1993
C.E./1413 A.H.

Imam Abu ‘Abdurrahman Ahmad ibn Shu‘ayb al-
Khurasani an-Nasa’l (d. 303 A.H.), Sunan an-Nas@’T.
Cairo: Thesaurus Islamicus Foundation, 2000 C.E.

Imam Abi ‘I sa Muhammad ibn Sawrah at-Tirmidhi (d.
279 A.H.), Sunan at-Tirmidhi. Cairo: Thesaurus Islamicus
Foundation, 2000 C.E.

Imam Muhammad ibn Yazid Abu ‘Abdullah ibn Majah al-
Qazwini (d. 273 A.H.), Sunan Ibn Majah. Cairo: Thesaurus
Islamicus Foundation, 2000 C.E.

Figh books

Mawlana Hafiz ‘Abdurrazzag al-Chishti al-Bhatralawl, al-
Mukhtasar al-Qudur! ma hashiyat al-musammat bi al-
Mazhar an-Nuri. Rawalpindi: Diya al-‘Ulum Publications.

Shaykh Kamil Muhammad Muhammad ‘Uwaydah,

Mukhtasar al-Qudiri fi al-Figh al-Hanadfi, Beirut: Dar al-
Kutub al-‘Ilmiyyah, 1997 C.E./1418 A.H.

Mawlana Muhammad I‘zaz ‘Ali, Al-Mukhtasar li’ l|-Quduri
ma halli-ht al-musamma at-Tawdth ad-Daruri, Karachi,
Qadimi Kutub Khanah.

Mawlana Ghulam Mustafa Sindhi, Mukhtasar al-Quduri,
Karachi: Qadimi Kutub Khanah.

Burhanuddin al-Farghani al-Marghinani (d. 596 A.H.), Al-
Hidayah, English rendering by ‘Imran Ahsan Khan
Nyazee, Bristol: Amal Press, 2006 C.E.

Ahmad ibn Naaib al-Misri (d. 769 C.E./1368 A.H.),
‘Umdat as-Salik, English rendering entitled Reliance of the
Traveller by Nuh Ha Mim Keller, Maryland, USA:
Amanah Publications, 1994 C.E.

Dr. Hussain Hamid Hassaan, Usul al-Figh (Arabic), Cairo:
Dar an-Nahdat al-‘Arabiyyah, 1970 C.E.

Abu Bakr ibn ‘Alt ibn Muhammad al-Haddad az-Zubayd1,
al-Jawharat an-Nayrah. Digital text. Maktabah Mishkat al-
Islamiyyah.

Lexicons

J. Milton Cowan, Ed. A Dictionary of Modern Written

Arabic.

Al-Mu ‘jam al-Wasit, Al-Maktabat al-Islamiyyah li’t-
Tiba‘ah wa’n-Nashr wa’t-Tawzi‘, Istanbul, Turkey.

Abu’|-Fadl Mawlana ‘Abdu’!-Hafiz Balyawi. Misbah al-
Lughat, Lahore: Maqbool Academy, 1950 C.E.

Others

Professor Dr. Muhammad Tahir-ul-Qadri, Islamic Penal
System and Philosophy, Lahore: Minhaj-ul-Qur’an
Publications, 1995 C.E.

Tahir Mahmood Kian, Taglid: Following a Mujtahid.
Retford, UK: Al-Karam Muslim Quarterly, Oct. 2005: 21.

1 Ibn Juzayy al-Kalbi, Tagrib al-Wusul ila ‘Ilm al-Usul. Ed.

2 Mishkat al-Masabth, Book of Leadership; at-Tirmidhi, Vol.1; ad-Darim!.

3. Sunan an-Nasa’1, Vol.2, Book of Adjudication, Chapter of Ruling in
Accordance with the People of Knowledge.

4 There are a number of sayings of the Beloved Messenger of Allah #& that
identify this point, e.g. ‘My ummah (nation) will not unite on an error’; ‘My
ummah will not unite on a wrong’; ‘I asked Allah for my ummah not to unite
on wrong and He gave that to me’; ‘The mercy of Allah # is with the
jama‘ah [the united body of Muslims]’; ‘Whatsoever the Muslims see as
good, then it is good with Allah #’, etc. These narrations are ahdd (single
chain of narration), but due to their collective reference to the validity of
lima‘ , which is proven by at-tawatur al-ma‘nawi (the same meanings
transmitted by many chains of narration, though the words may differ), they
demonstrate a sound belief and solid evidence in favour of ijma‘. [Dr.
Hussain Hamid MHassaan, Usul al-Figh (Arabic), Dar an-Nahdat
al-‘Arabiyyah, Cairo: 1970, p.297]

5 The Noble Qur’an, Surat an-Nisa’ (4), Verse 59.

6 Al-Qurtubi, al-Jami‘ li Ahkam al-Qur’an, in commentary on Surat an-
Nisa’ 4:59.

7 This work is also known as al-Mukhtasar li’l-Quduri and al-Mukhtasar al-
Quduri.

8 According to Hijri calculation.

9 gidr means a pot, or cauldron, the plural of which is qudur. Hence, al-
Qudurl refers to someone who either furnishes pots or sells them.
[‘Abdulkarim ibn Muhammad as-Sam‘ani, Kitab al-Ansab. |

10 Ashab at-tarjth are those qualified legal experts who analyse and assess
verdicts within a madhhab.

1 The three limbs to be washed in wudu’ are: i. the hands and arms up to and
including the elbows, ii. the face, and iii. both the feet.

2 They are Imams Abu Hanifah, Abu Yusuf and Muhammad ash-Shaybani,
may Allah have mercy upon them all.

3 Khuffs are leather socks covering the ankles.

4 These are the passages whence are excreted urine and faeces, i.e. the anus,

excreting faeces and the urethra, excreting urine.

5 A mouthful of vomit is the minimum for the nullification of wudu’.

6 This includes rainwater, melted snow and melted hail.

7 This includes streamwater, riverwater and water of lakes and large ponds.

8 Thamar refers to the fruit of trees such as olives, whereas fakihah refers to
fruit such as strawberries, melons, etc., i.e. those which are sweet.

9 His hand.

10 Spoiling the water, here, refers to spoiling the purifying nature of the
water.

11 Thirty small buckets, twenty large buckets or twenty-five medium sized
buckets.

12 Imam Abu Yusuf and Imam Muhammad, may Allah have mercy on them.
13 These are the animals the meat of which is halal for human consumption.

14 He may perform either wudu’ or tayammum first.

15 Tayammum is an alternative to wudu’ and ghusl, subject to stipulated
conditions.

16 Imam Abu Hanifah and Imam Muhammad, may Allah have mercy on
them.

17 This depends on what original purity the tavammum was performed for; if
for wudu’, then all factors that nullify wudu’ would nullify that tayvammum,
but if the tayammum is performed as an alternative to ghusl, then breaking
wind, passing water or answering a call of nature would not nullify that
particular tayammum, but it would nullify the tayvammum of wudu’.

18 If there is sufficient water for wudu’ to be performed with, then the
tayammum of wudu’ becomes invalid, and if the water is sufficient enough
for ghusl to be performed by it, then that invalidates the tayvammum for ghusl.

19 That is for twenty-four hours.

20 This is the breadth of the wiping.

21 The legal three days and nights continue from when one first made the
intention while resident, for example, if one made the intention of wiping
over his khuffs, as a resident, at 1pm on Monday, and took up travel before
1pm of the next day, Tuesday he may continue to wipe over the khuffs till
1pm on Thursday, when his three days and nights from the formulation of his
original intention legally lapse.

22 Imam Abu Yusuf and Imam Muhammad. Practically, his period of
wiping shall commence when he first invalidates the wudu’.

23 Includes plasters, bandages and casts.

24 A day and a night is equivalent to the common twenty-four hour day.

25 Any period of purity falling in between the same menstrual bleeding is
disregarded.

26 Generally, ten days of menstrual bleeding would be the maximum for any
woman, but occasionally, some women experience a period exceeding this
maximum on a regular basis. Such regular menstrual bleeding is not
istihadah, and it is legally relied upon. The maximum period for such a
woman is according to the maximum of what she experiences regularly.

27 This is when she has given birth for the first time and hence, experiences
postnatal bleeding for the first time, or she has given birth before but
experiences irregular periods of postnatal bleeding.

28 The appearance of the sun on the horizon terminates the time of the fajr
prayer.

29 The end of the time of the witr prayer is the same as the end of the time of
the ‘isha’ prayer, but the witr prayer cannot be performed prior to the ‘isha’
prayer.

30 To delay it as close to sunrise as possible.

31 To delay it past midday.

32 To delay it as close to maghrib as possible, without risking the sun
changing its colour or its brightness.

33 That is the tahajjud prayer.

34 Besides those prayers there are the witr, tarawih, eclipse, funeral prayers,
prayer for seeking rain, prayer of fear, etc.

35 i.e. the mu’adhdhin, the person who calls the adhan.

36 Call for the commencement of prayer congregation.

37 Direction of the Ka‘bah in Makkah.

38 The initial saying of “Allahu Akbar” whilst raising both hands to the ears,
indicating the formal entry into the prayer.

39 He does not have to start the prayer again.

40 Up to and including saying the shahadah, while seated.

41 This includes incumbent acts and emphasised sunnahs.

42 The words “Allahu akbar — Allah is greater.”

43 By pronouncing the ta‘awwudh.

44 Pronouncing any utterance or pronouncement in the prayer silently means
that it must not be audible to anyone but to oneself.

45 The first surah of the Qur’an.

46 Leader of the prayer in congregation.

47 Silently.

48 Imam Abu Yusuf and Imam Muhammad.

49 This is the metatarsal area of the foot.

50 The tahrimah.

51 One is not required to add a chapter or three verses to the Fatihah
anywhere other than the first two units.

52 One is not to adopt a particular surah for any prayer on a regular basis.

53 The length of the long verse must approximate three short verses.

54 This refers to congregational prayer in which the imam is reciting the
Fatihah and the added surah, irrespective of whether that is audible or not.

55 An emphasised practice of the Prophet Muhammad *

56 Who is ignorant of prayer-related issues.

57 Unlike men, where the imam stands in front of the rows.

58 If the worshippers are naked, then their imam is to stand in between them
and not in front of the rows.

59 Indicating as his method of prayer due to a physical disability because of
illness or otherwise.

60 i.e. he follows the imamate of the person praying an obligatory prayer
although having done that prayer, praying it as an optional prayer.

61 This also includes knuckles, wrists, elbows, knees and all other joints.

62 i.e. stand with arms akimbo.

63 Sitting on the buttocks with the knees up and the thighs touching the chest
whilst both hands are on the ground, or sitting on the heels of the feet whilst
both hands are on the ground.

64 As long as he has not spoken.

65 Includes bandages, plasters and casts, etc.

66 Or they were someone with a valid excuse and their excuse expired.

67 Someone who observes the sequential order of prayers (sahib at-tartib) is
someone who has missed a maximum of five prayers; he is obliged to
discharge the missed prayer prior to the due prayer.

68 The one who observes the sequential order of prayers (sahib at-tartib)
must discharge the missed prayers in the sequence he missed them.

69 Someone who has missed six prayers or more is not required to follow the
sequential order; he is not sahib at-tartib.

70 Once the adhan for the maghrib prayer has been called, the performance
of supererogatory prayers delays the performance of the obligatory prayers,
hence the prohibition.

71 These two units are performed prior to the obligatory fajr prayer.

72 Repetition of the invalidated supererogatory prayer is incumbent (wajib).
73 Imam Abu Yusuf and Imam Muhammad.

74 He should omit the sitting posture.

73 Meaning six or more prayers.

76 The obligation of those prayers is waived.

77 Al-A‘raf 7:206.

78 Ar-Ra‘d 13:15.

79 An-Nahl 16:50.

80 Al-Isra’ 17:109.

81 Maryam 19:50.

82 Al-Hajj 22:18.

83 Al-Furgan 25:60.

84 An-Naml 27:25.

85 As-Sajdah 32:15.

86 Sad 38:24.

87 Fussilat 41:38.

88 An-Najm 53:62.

89 Al-Inshigag 84:21.

90 Al-‘Alag 96:19.

91 Meaning by sea, ocean, lake, river etc.

92 The obligatory prayers of the fajr and maghrib prayers do not fall within
the category of prayers that can be shortened, due to there being insufficient

units in them to do that, i.e. two and three respectively.

93 Of obligatory prayers.

94 All obligatory prayers of four units are thus prayed as two units only, and
adding to those two units is impermissible for the following reasons: it would
amount to denial of the shortening of prayer, or fusing the obligatory prayer
with the supererogatory prayer (because the additional units are deemed to be
Supererogatory), omission of the final sitting position in the obligatory
prayer, delay in salutation and omission of the tahrimah of the
Supererogatory prayer.

95 This is due to the element of uncertainty in the duration of its stay.

96 He is required to follow the imam in that prayer, irrespective of which
prayer it is.

97 He is legally classified as a traveller until the elapse of fifteen days of
residence.

98 This is due to the fact that he is in two places rather than one. For the
ruling of residence to apply, one must take up residence in only one place for
fifteen or more days.

99 Two prayers are combined as an act when one prayer is delayed towards
the end of its time and the next prayer is brought forward to the beginning of
its time, such as the performance of zuhr prayer near to the end of its time
and ‘asr prayer at the beginning of its time.

Prayers may not be combined in one time, such as performing the zuhr
and ‘asr prayers at the time of zuhr, other than those under special
circumstances at ‘Arafah and Muzdalifah (see Chapter of Hajj — Pilgrimage).
100 Imam Abt Yusuf and Imam Muhammad.

101 The original number of units.

102 A misr jami‘, or comprehensive city, is that which has an amir (a ruler
or governor), a gadi (judge) and a muti (Someone who informs people of the
decisions of the shari‘ah), who enforce and implement the laws of the
shari‘ah.

103 The Sultan is the supreme authority in the land. This term also denotes
the Khalifah.

104 When the time of the zuhr prayer has passed.

105 Imam Abt Yusuf and Imam Muhammad.

106 Some editions of the Mukhtasar al-Quduri say that in the first verdict,
Imam Abu Hanifah, may Allah have mercy on him, is alone and Imam
Muhammad and Imam Abu Yusuf agree on the second verdict. Nevertheless,
it is the former that is legally followed.

107 It is valid for them and they are not required to perform the zuhr prayer.
108 Leading the Jumu‘ah prayer.

109 He does not pray four rak‘ahs of zuhr.

110 He prays the four rak‘ahs of the zuhr prayer instead of the two units of
the Jumu ‘ah prayer.

111 Imam Abt Yisuf and Imam Muhammad.

112 Ordinarily the musalld is a large open space outside the town or city
where the Muslims from different mosques assemble. Ed.

113 The takbir in this case is to say: “Allahu akbar, Allahu akbar, la ilaha
illa’Ilahu wa’llahu akbar, Allahu akbar, wa Ii’llahi’l-hamd — Allah is greater,
Allah is greater, there is no god but Allah, and Allah is greater, Allah is
greater, and to Allah is all praise.”

114 Imam Abt Yisuf and Imam Muhammad.

115 Zawal: though linguistically it means descent or declination, in Islamic
legal terminology it refers to the sun being at its highest point at noon and at
its zenith in the meridian just prior to beginning to decline.

116 The eleventh, twelfth and thirteenth days of Dhu’|-Hijjah are known as
the days of Tashrid.

117 This is the contract entered into by non-Muslim citizens of the Muslim
polity for the protection of their persons and properties in exchange for a poll
tax (jizyah) and taxes (khardj) on their land and trade, instead of the
Muslims’ religious obligation of zakah. The non-Muslim who enters into
such a contract is known as a dhimmi.

118 The recommendation is for the congregation of the tardwih and not for
the prayer of the tarawih itself, due to the latter being sunnah mu’akkadah
(emphasised Prophetic practice).

119 Tarwihah, its real plural in the Arabic language is tardwih, meaning ‘to
seek or achieve rest’. It refers to the rest that the worshippers take between
every four units of prayer during the night prayer in the month of Ramadan.
120 The tarawih prayers are performed in two units with one salutation.

After that, there are two more units with one salutation, and this totals four
units. The worshippers then rest by sitting for a while between the ending of
the first four units until the beginning of the next four units. Likewise, this
goes on until all five tarwihahs have been accomplished and all twenty units
have been performed.

121 The tarawih prayers are to be performed after the ‘isha’ prayers and
before the witr prayers.

122 When the time for prayer is due.

123 In the event of a battle, siege or other form of immediate danger, which
hinders them from performing the prayer without fear of attack.

124 The other group follow the imam in the prayer.

125 They had begun their prayer with the imam (/ahiq).

126 Also to be performed individually.

127 They had joined the prayer later (masbuq).

128 To witness that there is no god but Allah, and to witness that
Muhammad * is His slave and messenger.

129 Althaea includes the hollyhock and the marshmallow.

130 The flat part of the dais where the body is placed.

131 These are seven; the two feet, the two knees, the two hands, the nose and
the forehead (considered as one part).

132 The izar is a cloth, like the Malay sarong, that wraps around the lower
half of the body.

133 The two cloths would be the izar and shirt.

134 The use of a brassiere is also permitted.

135 The three cloths are the wrapper for the lower half of the body, the shirt
and the wrapper.

136 This refers to the permission granted by the wali to conduct the funeral
prayer, hence, the prayer cannot be repeated if the wali has permitted it to be
established and it has been performed.

137 For the funeral prayer, the presence of the body is important. The body
begins to decay from the moment of death and by the end of the third day,
under normal circumstances, the substance of the body is no more, therefore,
there is no funeral prayer after that period. Nevertheless, there is no fixed
period in this regard due to the fact that the speed of decay to the body varies

from place to place and from climate to climate.

138 It is not possible for all of the worshippers to be standing facing the
chest of the deceased; therefore, the term ‘worshipper’ refers to the imam, or
to the one performing the funeral prayer alone.

139 The people do not remain standing until the bier has been lowered by
those who are carrying it, directly in front of the body.

140 The grave is the hole that is dug in the ground and the niche is what is
dug out of the walls of that grave.

141 The grave is not to be cube-shaped or rectangular.

142 This is what has been reported by at-Tirmidhi, an-Nasa’1, Ibn Majah and
others. Crying is a sign of life, hence, the funeral rites and prayer for one that
cries at birth. If there is no sound made at birth by the baby, it is presumed
dead and stillborn unless other signs of life are evident, like movement, etc.
143 Although martyr came to mean someone who passively endured
suffering for the sake of their beliefs until the point of death, the original
meaning is exactly the same as the root meaning of shahid: a witness, i.e. for
the truth.

144 This includes all non-Muslims.

145 This is the area around the Ka‘bah and not inside it.

146 Ownership here refers to possession.

147 The slave who has contracted with his owner to purchase his freedom.
148 By the word ‘sadagah’, Imam al-Quduri, may Allah have mercy on him,
is referring to zakah, which is an obligation, and he does not mean that
sadaqah which is optional.

149 The word used is ‘dhawd’ which refers to any number between three
and nine.

150 The shah is a sheep or goat and may refer to a ewe or a ram, and is
required to be at least one year old.

151 A one-year old she-camel.

152 A two-year old she-camel.

153 A three-year old she-camel.

154 A four-year old she-camel.

155 See the appendix for a table on zakah.

156 This includes the cow, buffalo and other similar large domesticated

quadrupeds that are reared for dairy or meat products.

157 Two and a half percent, or one fortieth.

158 Five percent, or one twentieth.

159 Seven and a half percent.

160 See the appendix for a table on zakah.

161 This includes sheep, goats and other similar small domesticated
quadrupeds that are reared for dairy or mainly meat products.

162 See the appendix for a table on zakah.

163 i.e. two and a half percent. Note the nisab is two hundred dirhams in this
context.

164 The horses must be a mixture of mares and stallions; stallions alone or
mares alone do not suffice for the obligation of zakah, according to Abu
Hanifah, may Allah have mercy on him.

165 The excess is determined according to the value of the animal that is
taken. This is the same with the subsequent case.

166 One may pay the value of what is required to be paid in zakah, such as
in cash or foodstuffs, etc.

167 This is the zakah collector who is charged with the collection of zakah,
etc.

168 For zakah to become payable on sheep and goats, cattle, camels or
horses, etc., it is a condition that the animals be grazing (sa’imah). If for most
of the year, six months or more, the animal is stall-fed by being confined to a
feedlot, it does not conform to the definition of a sa’imah, and there is no
zakah payable on it.

169 This works out to be around 612.36g; each dirham being 3.0618g in
weight.

170 This makes the rate two and a half percent of the amount. The nisab in
silver is, therefore, two hundred dirhams worth of silver.

171 They calculate two and a half percent of two hundred dirhams worth of
silver or anything totalling over that amount.

172 One mithqal is equivalent to 4.374 grammes. The nisab in gold is twenty
mithqals, which in weight works out to be 87.48 grammes.

173 In the minimum amount of nisdab of gold, which is 87.48g, the zakah
payable is 2.187g, and that is two and a half percent of the nisab.

174 One carat is equal to approximately 219 mg — five percent of the value
of one mithqal.

175 This works out to be two and a half percent of the total amount.

176 This means intervals of four mithqals over twenty, as in twenty, being
the nisab, with a payment of half of one mithqal for zakah; then twenty-four
being the next interval where two carats are added to the half-mithqal as
zakah with twenty-one, twenty-two and twenty-three mithqals being rated
according to the interval immediately below them, in this case being twenty,
thereafter twenty-eight being the next interval and four carats being added to
the half-mithqal, thereafter thirty-two being the next interval, then thirty-six,
then forty, and so on.

177 Imam Abt Yusuf and Imam Muhammad.

178 As in silver, Imam Abu Yusuf and Imam Muhammad, may Allah have
mercy on them, calculate two and a half percent from the total amount of
gold that is nisab-level.

179 The year in Islam is calculated according to the lunar cycle and not the
solar cycle. The lunar calendar is on average ten days shorter than the solar
calendar.

180 This rule is specific for commercial goods where, if the nisab is reached
at the beginning of the lunar zakah year, for example, the twentieth of
Ramadan in one year, and it is also reached on the twentieth of Ramadan the
following year, then, unlike personal goods, any decline in the value or
amount of the goods below the nisab in between the two dates does not affect
the obligation of the payment of zakah which is still due. This, however, is
not the case when cash, gold, silver and other forms of wealth subject to
zakah decline below the nisab level during the year; the year is begun again
from the day the nisab is re-achieved.

181 Imams Abt Yusuf and Muhammad.

182 According to Abu Hanifah, may Allah have mercy on him, one adds the
value of the silver and the gold in order to achieve the nisab, if they
individually do not constitute nisab. According to Abu Yusuf and
Muhammad, may Allah have mercy on them, it is not the value that is to be
taken into account, but the portions of either element.

183 In this case, and in other issues within this chapter, there is no concept
of nisab, hence, there is no minimum amount of produce to validate ‘ushr; it

is payable irrespective of amount.

184 This includes streams, rivers, canals, springs, wells, etc.

185 This includes rain, snow, sleet, hail, etc.

186 These three products are generally not cultivated, and hence, they are
exceptions to the ruling of zakah.

187 The plurals of wasg are awsug and awsadq, as in the last issue. It is a
cubic measure that is calculated according to the load of a camel, and is fixed
at sixty sa‘s.

188 The sd‘ is a cubic measure which is equivalent to the weight of 1028.57
dirhams, or 3261.5 grammes, or eight ritls.

189 Five percent of the produce.

190 That is, the verdict of Abu Hanifah, may Allah have mercy on him, and
the verdict of Abu Yusuf and Muhammad, may Allah have mercy on them.
191 Meaning camel-loads, each load equivalent to three hundred maunds.
192 One maund is equivalent to 815.39 grammes.

193 There is no minimum to be achieved before ‘ushr is charged.

194 The plural of zigg is azqaq, and each ziqq is equivalent to fifty maunds.
195 This is a specific tax imposed on land that is owned by non-Muslims
living under Muslim governance (dhimmis).

196 The Imam is the ruler or leader. Ed.

197 The mukatab is the slave who has contracted with his owner to purchase
his freedom. Ed.

198 Imams Abt Yusuf and Muhammad.

199 Meaning all Hanafi scholars.

200 The word land refers to a domain ruled by a specific governing body,
such as a ruler, sultan or governor. In the contemporary sense, we may
understand it as an independent country.

201 In the land where the payer of zakah is.

202 The ownership of nisab is a condition for that day only and there is no
precondition of the passing of a year over it.

203 The ‘second dawn’ is al-fajr as-sadig ‘true fajr’ and that is the
whiteness that spreads across the horizon.

204 Fasting because of having divorced a wife by the expressions that denote
zihar divorce then wishing to take her back (See the section in the Chapter of

Talaq — divorce).

205 Effectively, this constitutes the thirtieth night of Sha‘ban, as the date
Starts at sunset.

206 Agreed upon by al-Bukhari and Muslim.

207 “Imam” in the works of figh usually means the leader of the Muslims
rather than the imam of the prayer, unless stated specifically. We only
capitalise the former. Ed.

208 The new crescent of Ramadan.

209 The collective collaborating reports of a multitude of people generally
form sound knowledge and are treated as factual evidence. Such reports are
to be accepted by the Imam, i.e. the leader of the Muslims and, thereupon, his
decision is based.

210 Nocturnal emission due to a wet dream or otherwise.

211 Being a mouthful or more.

212 The stones of fruits such as cherries, peaches or plums.

213 This is injurious comparison by the husband of his wife to his mother,
which makes her unlawful to him (See Chapter of zihar — Injurious
comparison).

214 Vaginal intercourse.

215 Administration of a medicine via the anus.

216 Hypodermic, intramuscular, and intravenous injections do not invalidate
the fast.

217 This is due to there being no valid excuse for them to abstain from
fasting during their days of good health, if one was ill prior to that, and
during their days of residence, if one was travelling prior to that.

218 This is because the commands of the shari‘ah only apply to those who
possess the required legal capacity (ahliyyat al-wujub) which was absent in
both these cases prior to attaining majority and becoming Muslim. The minor
and the non-Muslim do not possess legal capacity unless they attain majority
or accept Islam, respectively.

219 This is with regards to the menses beginning whilst she is fasting. If,
however, she is menstruating before she has begun her fast, she does not fast
whilst in that condition.

220 During the last ten days of Ramadan i‘tikaf is a communal (kifayah)

sunnah mu’akkadah. For days outside of this period it is a recommended
(mustahabb) act.

221 Women may perform i‘tikaf in the home in their normal location of
prayer. If there is no specific location where she offers her prayer, she may
specify a spot where she will perform the i ‘tikaf.

222 Imams Abu Yusuf and Muhammad.

223 A mahram is a relative with whom marriage is prohibited.

224 Mawaait is plural for migat, meaning ‘an appointed time or place’. For
the hajj or ‘umrah, it refers to specific places or limits outside Makkah which
the person intending to perform hajj or ‘umrah is not to cross without
entering into ihram.

225 Pilgrims coming from areas further than those mentioned here use that
miqat which falls in their path, like those coming from Jordan, Egypt, etc. use
the migat that those of Syria use, which in this case is al-Juhfah.

226 Al-Hill is the opposite of al-Haram and is what is outside of the Haram.
227 At this point, he becomes bound by all stipulations and obligations of
ihram.

228 Wearing perfume is prohibited after one has entered the state of ihram
(at-Tirmidhi, Ibn Majah).

229 This includes the shaving of the beard and of pubic hair.

230 The garment needs be washed in such a manner that further colour or
fragrance do not emit from it.

231 Althea officinalis or marshmallow.

232 Also, whenever he awakes, before he sleeps, after performing wudu’,
etc. In short, one should endeavour to pronounce the talbiyah as often as
possible.

233 It is also known as at-tawaf al-masnun — the circumambulation
prescribed by sunnah.

234 The word used — adhd — means annoyance, nuisance and harm. Ed.

235 Beginning with his right side that is adjacent to the door of the Ka‘bah.
This wall is to the right side of the Black Stone, which is from where he
initiates the circumambulation.

236 Not inside it, because the hatim is a part of the Ka‘bah itself.

237 Ramal is a trotting pace midway between a walk and a run, with a strong

intimidating gait.

238 If kissing the Black Stone is not possible for him, then he may touch it
with an object and kiss that. If that is not possible for him, then he may
indicate towards it from a distance, with his right hand, and say, “Allahu
Akbar, la ilaha illa’llah — Allahumma salli ‘ala Muhammad wa ‘ald Ali
Muhammad — Allah is greater, there is no god but Allah — O Allah, send
blessings upon Muhammad and upon the family of Muhammad.”

239 The circumambulation of arrival.

240 Sa‘y means to walk quickly and vigorously; although it can ordinarily
mean to run, it does not mean that here. Ed.

241 Going from safa to Marwah is one circuit, and back to safa is another
circuit. The odd numbered circuits are from safa to Marwah, and the even
numbered circuits are from Marwah to safa, and the final (seventh) circuit
ends at Marwah.

242 This is the seventh of Dhu’|-Hijjah.

243 The day of tarwiyah is the eighth day of Dhu’!-Hijjah.

244 During the hajj, there are three addresses in total; i. On the seventh of
Dhu’|-Hijjah, ii. On the ninth of Dhu’l-Hijjah, and iii. On the eleventh of
Dhu’]-Hijjah.

245 Also known as tawdf az-ziyarah — the circumambulation of visiting.

246 This is when the sun declines from its zenith at midday and when the
zuhr prayer time begins.

247 This is the al-Mawgif al-A‘zam (The Greatest Station).

248 Wudu’ is also permitted, but ghusl is better.

249 The tenth of Dhu’!-Hijjah has entered.

250 It is said that during the time of the Abbasi caliph, Harun ar-Rashid, this
hearth would be lit in the night of the stay at Muzdalifah.

251 Such a person would be required to repeat the prayer.

252 This option is for someone performing the hajj ifrad. Slaughtering an
animal is obligatory for the performer of the hajj giran and the hajj tamattu‘.
253 It is also known as tawadf ar-rukn and tawadf al-ifadah.

254 Tenth, eleventh or twelfth of Dhu’!-Hijjah.

255 Abu Yusuf and Muhammad.

256 This is the eleventh of Dhu’!-Hijjah.

257 Twelfth of Dhu’l-Hijjah.

258 Thirteenth of Dhu’!-Hijjah.

259 The fourth day, i.e thirteenth of Dhu’|-Hijjah.

260 Abu Yusuf and Muhammad.

261 It is better to delay the pelting of stones till after midday.

262 It is also known as tawaf al-wadda‘.

263 This term refers to both camels and cows, unless expressly stated
otherwise. Here, the cow has already been mentioned so the camel is meant
in this context.

264 Fasting is the alternative to nahr, and that is if one is unable to provide
an animal for slaughter.

265 In other words, the option of fasting has been taken away from him and
he can now only offer a sacrificial animal as atonement.

266 The person performing giran is called garin.

267 He must make up the ‘umrah by qada’ for leaving it.

268 He must complete seven circuits, thus he performs four or more circuits
to make up the total.

269 He must give away something as charity.

270 If he covers his head for less than a whole day.

271 This works out as a half sa‘ for each needy person.

272 These issues apply to both the male and the female.

273 Sexual intercourse in the anus is haram, but the author includes it here
Simply in relation to whether it invalidates one’s hajj.

274 The ‘umrah is still valid, hence no gada’.

275 That is if he intends to keep the surplus of food.

276 The girdn is a combination of ifrad hajj and ‘umrah, so any violation of
it requires atonement double that of ifrdd, i.e. two animals to be sacrificed in
place of one.

277 The qarin sends one animal to be sacrificed for each of the ihrams.

278 Abu Yusuf and Muhammad.

279 This applies when they release themselves from the ihram.

280 Those who have undertaken to slaughter the offering for him.

281 One who is under siege, confinement, restraint or is hindered by an
enemy, or is ill and cannot perform such rites is, in the legal meaning of the

term ihsar, a muhsar.

282 The standing at ‘Arafah and the circumambulation.

283 The word used is gurbah, which refers to closeness to Allah #, and in
this context, it is achieved by sacrificing an animal of a specific category for
His pleasure.

284 If one of the participants in a cow or camel decides to keep the meat for
himself, then ‘the closeness to Allah’ factor will not apply to the others.

285 Nahr is to slaughter the animal by stabbing into a vein at the base of the
neck, whereas dhabh is done by drawing a sharp knife across the jugular
veins and the windpipe.

286 This includes anyone who slaughters the animal.

287 Offer and acceptance are required to take place within the same session,
before either of the contracting parties leaves that session. This may also
include further meetings between the parties after the offer has been made
and prior to the acceptance concluding the sale, or if he wants, he may refuse
it.

288 In such cases where the accepting party has been given a specific date
upon which, or prior to which, it is required to enter into a formal agreement
so that the sale may be concluded, the lapse of that date, or the express
refusal prior to that date, renders the session terminated. Where no specific
date has been mentioned, the express revocation of the offer by the party
making the offer, or the lapse of reasonable time without acceptance, renders
the offer revoked.

289 Once the sale has been entered into and both parties have agreed to its
terms and conditions, the sale is irrevocable.

290 If a previously undisclosed defect is found in the commodity, or the sale
was made without having viewed the commodity and, upon seeing it, it does
not appear to match the description made by the seller, then the purchaser has
the right to revoke the sale.

291 These are the price and the object of sale.

292 If the objects of sale are present then it is not a condition of the
permissibility of the sale that the amount or quantity of those items be
known, e.g. A, the seller, says to B, the purchaser, “I have sold this item X in
my hand to you in exchange for the cash Y in your hand,” and he indicates
both considerations — such a sale transaction is valid.

293 Both parties to the sale must know of the specific price and/or method of
payment with respect to the item. An unspecified price would invalidate any
Sale, e.g. A, the seller, says to B, the purchaser, “I have sold this item X in
my hand to you in exchange for whatever its price may be,” — this sale
transaction is invalid.

294 Immediate payment is the general case which is always the better
method of concluding a sale. A deferred payment is, however, permitted
when the period of deferment, or the exact date of payment, is known.

295 If the seller sells an item for ten dinars, it is presumed to be ten dinars of
the land in which they are in. The reason for this passage in a classic text
such as this is because, even when the only currencies known were gold and
silver, different rulers minted coins of different weight and specifications, the
metals having differing degrees of purity. Those who say that it is enough to
equate paper money and digital currency directly with gold and silver coins
then go on to deduce that this approach may be transposed on to modern
currencies. Thus they say that if A sells item X to B for ten pounds in the UK,
it is presumed that the ten pounds are British pounds sterling. Similarly, if A
sells item X to B saying, “I have sold this item X in my hand to you in
exchange for ten,” it is assumed that it is in the currency in use in that land.
296 If more than one form of currency is in use in that land, then the sale is
invalid, unless one of the currencies is explicitly specified. See the previous
note.

297 This may take place when one purchases food according to the volume
of a specific pot, or to the weight of a specific rock, which the seller
commonly uses in order to measure the commodity, subject to the agreement
or knowledge of the purchaser.

298 A dry volumetric measure equal to twelve sa‘s or 40.344 litres.

299 One may purchase a pile of food, or seeds, at the rate of one gafiz for
one dirham. This is only permitted, from that pile, if he purchases only one
qafiz. If he desires to purchase more than one gqafiz, then he is to nominate
each gafiz with that rate, for example, he is to say, “Five gafizs for five
dirhams,” or “Thirteen gafizs for thirteen dirhams,” but he is not to say,
“Thirteen gafizs for one dirham each.”

300 This is due to not knowing the number of sheep and goats in the flock.
301 The buyer pays accordingly at the rate established, e.g. ninety dirhams

for ninety gafizs.

302 e.g. if it is one hundred and ten gafizs he must pay one hundred and ten
dirhams.

303 The buyer has the choice whether to take what is available and pay for
that amount, or to cancel the sale altogether.

304 The seller is not to reserve for himself any specific amount of unpicked
fruit.

305 Although gold and silver coins were ordinarily used, sometimes they
were of nonstandard weights and thus had to be weighed. Ed.

306 In the original situation this pertained to exchange of gold or silver
coins, for which exchange there are very stringent rules in order to prevent
usury. Again, those who equate modern currencies with that original coinage
say that it includes currency exchange, the sale of bonds, shares and other
non-cash alternatives that hold specific monetary value. Ed.

307 The buyer or seller, or both jointly, may stipulate an option in the sale
by which they may rescind the contract, or sale, upon the satisfaction of that
particular condition. For example, one may purchase a garment for someone
who is not present from another on the condition that if such a garment does
not fit the intended person, the buyer has the choice to return it in exchange
for a full refund of his payment.

308 Since the sale was not completed, the item, in legal terms, still belongs
to the seller. If it is destroyed or sold on to a third party whilst in the
possession of the potential buyer, then he is responsible for it and, therefore,
must compensate the seller for it.

309 The other party.

310 The option is not a transferable property that can be traded. It is a
personal right that is invested in an individual and it expires upon the death of
its owner, hence it is not a part of the inheritance.

311 One may sell goods that he may never have seen, such as a gift that one
has presented to him via a third person. The seller may communicate with the
third person to submit that gift over to Mr. A who has bought it from him.
The seller, now, has no option to revoke the sale. Similarly may be the case
of buying stocks, shares and other forms of intangible goods, particularly
those that are made over the telephone and via the internet, where one does,
in reality, never see them, unless such goods are presented to him as hard

copies.

312 In many cases, it is impractical to examine the whole of the goods, and
therefore, legally unnecessary.

313 The blind person relies on the senses and functions that he possesses,
therefore he may acquire benefit from them effectively in transactions that
require their use.

314 The owner of the object of sale may only enact the sale if four
ingredients exist: i. the deliberate enactment by the owner, ii. the object of
Sale in its unaltered state, iii. the seller, upon his terms, and iv. the buyer,
upon his terms. In a case as such, the seller is an agent (wakil).

315 This option was vested as a right within that individual; it dies with him
and is untransferable.

316 If a minor is rid of his blemishes while he is with the seller until he
attains majority age and is then sold to a buyer without such blemishes, if any
of those blemishes return while he is with the new master, the latter has no
option to retum him, due to the slave coming into his ownership
unblemished. If, however, any of those blemishes had returned after his
attaining majority age whilst he was with the first master (the seller), the
buyer now has the option to return him, due to the slave coming into his
ownership with blemishes.

317 If the young male slave suffers from halitosis or an unpleasant smell
coming from his armpits, it is not considered a defect in him, unless he has an
illness due to which such odours occur.

318 As against the last issue, the cloth, barley-mush, or any other commodity
for that matter, are not returnable to the seller, even though both parties may
agree to the return of that commodity, because the commodity has been
altered from its original state by the buyer adding to it.

319 If A purchases good quality cloth from B and stitches it into a suit, then
the cloth of the suit begins to tear due to a previously unknown weakness in
the cloth, A can recover the loss incurred by him due to the tear from B, but
B cannot demand A to submit the stitched cloth back to him.

320 He is also the second seller.

321 When the seller stipulates absolute immunity from responsibility for any
defect and every blemish within the object of sale, though he does not
indicate, mention or enumerate, any or all of those blemishes, he is not held

responsible for any defects or blemishes that may arise after the execution of
the sale.

322 From a roll or pile which contains various qualities of cloth.

323 There is no guarantee as to what the net will catch with regards to fish or
other animals or birds in any given throw.

324 This is a competitive form of unlawful transaction whereby the buyer
and the seller dispute the price of goods and decide to bid each other out. One
of them throws a stone onto the goods in order to settle the sale at the current
Said price.

325 Mulamasah is a competitive form of unlawful transaction whereby a
man can feel a garment but is not allowed to unfold it or examine what is in
it, or he buys by night and does not know what is in it. Likewise,
mundbadhah is also an unlawful transaction whereby a man throws his
garment to another, and the other throws his garment without either of them
making any inspection. Each of them says, “This is for this.” These forms of
sale are unfair and, therefore, disallowed.

326 Unless the seller, or the buyer for that matter, specifies the cloth of sale.
Unspecified sale would not distinguish the intended item from the other item.
327 The transaction is invalid if neither party knows the beginning, end, the
dates or even the existence of such special days.

328 Such occurs when the bidder does not intend to purchase but to raise the
price.

329 When the price between the seller and the buyer has been fixed and
mutually agreed upon, and a third party intervenes and offers a higher price,
thereby competing with the original potential buyer.

330 This is when the two are brothers, brother and sister, or even uncle and
niece or nephew, etc., both of minor age and consanguineously prohibited to
marry one another.

331 It could lead to the contract being a concealed way of taking a loan at
interest. Ed.

332 It is so because the payment must have been made with some common
currency or by other common considerations, like fungible items, and so the
repayment in similar currency or consideration is always possible. The
repayment, as far as igalah is concerned, does not require the same coins or
the same consideration that was exchanged in the initial contract or

transaction; a similar common thaman is sufficient.

333 Iqalah may be rendered invalid if the commodity perishes being one that
is not common and is not easily replaceable. Any attempt to replace the
commodity would involve the risk of undue advantage to either of the parties
to the contract, hence, its impact on the igdlah itself.

334 With due setthement and subsequent agreement between the parties,
iqalah is valid when a portion of the commodity itself has perished, like the
fruit on a tree which was bought inclusive of all the fruit and such fruit had
subsequently perished.

335 A re-sale with profit.

336 A re-sale without profit, at cost price.

337 One that is easily replaceable.

338 One purchases some cloth for ten dirhams. He has it dyed and
embroidered, which costs him an additional two dirhams. He may add that
extra cost of two dirhams to make it twelve dirhams.

339 The purchaser in the last issue must not say that he ‘bought it’ for twelve
dirhams whereas he had paid only ten dirhams for it. He can, however, say
that ‘it cost’ him twelve dirhams because that is the total expenses that he
incurred.

340 When the seller says that he bought the goods for fifty dirhams, whereas
he had bought them for forty dirhams, in murabahah the buyer has one of the
two choices mentioned.

341 If the last issue occurs in a tawliyah transaction, then the buyer may
reduce the amount of excess from the price that is mentioned and pay only
the real price, e.g. forty dirhams instead of fifty dirhams, reducing it by ten
dirhams.

342 Murabahah and tawliyah.

343 He may purchase the goods with the full price or he may leave the
purchase altogether.

344 Movable property.

345 This includes all items that are measured by other means, such as
counting, etc.

346 One may make alterations from ten dirhams to eleven dirhams in the
price of an item before the buyer has taken possession of the item. Similarly,

the seller may alter the initial method of payment prior to taking possession,
for example, in the place of currency, one may ask for payment in labour.

347 The buyer may pay ten dirhams for an item that the seller has on sale for
only nine dirhams.

348 i.e. the price paid and the commodity.

349 If the commodity has been increased then the buyer is entitled to all the
rights to the increment as he is to the original commodity. Likewise, the seller
is bound by the same duties and liabilities with respect to the increment, as he
is with respect to the original commodity.

With regards to the reduction in price, the same applies.

If igalah is to be pursued by either party, the increment must also be
returned with the original commodity, and likewise, the price that was paid,
original or reduced, must be repaid to the buyer.

350 The selling of an item to a buyer in consideration of prompt payment
would generally require the payment to be made immediately. If the seller
allows the buyer to pay at a later date that is fixed and known, then such is
permitted and the payment is deemed legally deferred (mu’ajjal). In the case
of deferred (mu’ajjal) payment, the seller may not demand the payment from
the buyer prior to the due date.

351 When a buyer purchases from a seller an item with promise to pay it
later, it becomes a deferred debt which must be paid to the seller on a specific
date. This, however, is not the case with respect to loans; they may be
demanded by their creditors at any time.

352 The prohibited factor in the exchange is the quantitative disparity, and
this is riba.

353 Both items must be of the same method of defining quantity, i.e. dry
measurement or weight. Both must also be of the same genus, i.e. gold for
gold, wheat or wheat, etc.

354 The validity for such an exchange lies in the similarity of genus as well
as equality of weight or measurement. The genus must also be the same
otherwise the sale is invalid as it amounts to riba. Practically, a sale of this
sort would seem pointless as one would merely be swapping the same
amount and quality of goods of the same genus with someone else, with no
gain, loss or benefit derived from it.

355 Any such mutual excess in quality, quantity or value renders the

transaction forbidden.

356 Two commodities that could be subject to riba cannot be exchanged in a
Sale if one is inferior to the other in quality. Both items must be of the same
value, quality and quantity.

357 Riba al-fadl involves disparity in the quantity, quality or value of the
Soods.

358 Riba an-nasi’ah is riba which is subject to the lapse of time, thereby
rendering necessary additional payment on borrowed goods, such as lent
money, etc.

359 The factors that would render the transaction invalid are non-existent,
hence its validity. Only one such factor need be absent; if either the disparity
in weight or measure, or the difference in genus are absent that renders the
transaction permissible.

360 When one commodity is silver and the other is gold, for instance, both
are similar in their method of quantification, and that is weight, but both
differ with respect to genus. They may mutually be exchanged; the quantity
of one will differ from the other, e.g. two grammes of gold in exchange for
twenty grammes of silver is a valid transaction.

361 If the quantitative disparity (tafadul) in a commodity is prohibited and
that commodity is a measured commodity, then it always remains measured,
and if it is a commodity that is weighed, then it always remains weighed, and
if it is quantified by any other method, then that depends on what the people
use as a method of quantification, such as counting, etc.

362 Both commodities exchange hands in the same session without delay.
363 The commodities must be specified and declared, mere taking
possession of such commodities is not enough.

364 The meat of cattle is different from the meat of sheep, and the flesh of
chicken is different from the flesh of partridge.

365 Whatever excess the master levies on his slave is not ribd, as long as the
Slave is in the ownership of that master.

366 Muslims living in the West are there by contractual agreement (‘ahd),
which it is obligatory to fulfil, and so the West is not dar al-harb (enemy
territory) and it is not halal to engage in usury. Ed.

367 This refers to the dry measure in volumes, such as wheat, barley, etc.

368 Those items that are measured in lengths, like cloth in yards, metres and
cubits, land, etc.

369 Salam is permitted in these items when they are sold, or exchanged, by
weight, but not when numbered due to the possibility of difference in weight
with regards to each bundle, pack, skin, etc.

370 The subject matter of the contract of salam needs to be in existence from
the time the contract is entered into until the time the duration [of the
contract] expires and the object paid for becomes due to be submitted.

371 It cannot be immediate, as this would defeat the purpose of salam.

372 The duration of the period before the commodity is to be handed over
must be known; the date, day or any other appointed point in future time must
be fixed and mutually agreed upon by the parties.

373 The cubit (dhira‘) is the measure of the distance from the tips of the
fingers to the elbow. Ed.

374 The specification of such modes of identification are only permitted
when they are not perishable and, after the termination of the period of salam,
they remain the same, which is highly unlikely given the lengthy periods of
holding the muslam fthi. If these specific methods of measurement conform
to common measurements, then they are permissible, otherwise, the common
measurements are adhered to.

375 Like wheat, dates or eggs, etc.

376 For example, in the case of eggs, duck eggs or chicken eggs; in the case
of dates, varieties of dates.

377 For example, in eggs: large, medium or small, or in terms of wheat,
white or red, etc.

378 The place of delivery or fulfilment of the contract.

379 The dhimmi is permitted to enter into any contract of salam, subject to
the conditions which apply to all the citizens of the Muslim polity, and
additionally, he may also trade in swine and alcohol which are forbidden for
Muslims.

380 That are used as prices such as gold dinars, silver dirhams, gold
sovereigns, doubloons, guineas, sterling silver dollars, etc. The prime method
of pricing was the usage of gold and silver coinage. Some consider that the
Same principles apply to paper money and digital currencies.

381 The two things to be bartered must be exchanged like for like even if
they differ in terms of quality, e.g. fourteen carats against twenty-four carats,
or they differ in terms of form, e.g. a gold ring for a gold necklace.

382 When the parties exchange the commodities, possession must be
exchanged before they separate from that session, otherwise the transaction is
void and all procedures must be renewed in the event of the parties willing to
continue.

383 As against all cases of riba al-fadl, the difference in the commodities
allows for their exchange with excess.

384 This is connected to the previous issue, where both parties taking
possession of their respective consideration is a condition.

385 The agreement is based on whatever is to be exchanged. Neither of the
parties enjoy a right to alter the method of payment from the agreed method,
e.g. both parties agree to exchange a gold coin for ten silver coins. Now,
neither of them may alter what they have in their hands before it has been
exchanged, e.g. the party paying the gold coin may not purchase some food
with it and then exchange the food for the silver coins, and likewise, the other
party may not purchase cloth with the silver coins and exchange it for the
gold coin; the exchange may only involve the one gold coin against the ten
Silver coins.

386 Conjecture is allowed in such cases where the genus of both
commodities differs, and the condition of immediate possession applies.

387 The ornaments being silver, for example, which has to be sold like for
like, weight for weight. Ed.

388 Because the ornamentation must be bought in a manner that strictly
avoids usury, this part of the contract can invalidate the whole contract. Ed.
389 If the ornaments cannot be removed without causing damage to them or
to the sword itself, then the sale in either of them is void, unless they are sold
together as one ornamented sword.

390 As in gold for gold and silver for silver, under certain conditions some
transactions are not permitted due to riba, and that rule also applies with
respect to these coins which are predominantly gold or silver.

391 He also accepted the view of Abu Hanifah, may Allah have mercy on
them.

392 Fulus, singular fals, are small copper coins whose value is such that

forty-eight of them equal a dirham. They were used in small transactions for
everyday household items. Some confusion arises because fulus is used as a
modern term for money per se. Ed.

393 This is because the coins now have no use and, therefore, no value.

394 It is valid to purchase something with a half dirham’s worth of copper
coins. Imam Muhammad, may Allah be merciful to him, only regarded
transactions in copper coins that involved less than a dirham as being valid.
Ed.

395 Habbah, literally ‘a grain’.

396 The rest of the transaction involves disparity in weight between the two,
even though that is only a ‘grain’.

397 Rahn — pawning — is a contract in which a person pawns some property,
i.e. pledges it as security against a loan.

398 The pledgor (rahin) says, “I place property A with you as a pledge
against loan x” as the offer, and the pledgee (murtahin) replies, “I accept your
pledge.” This is a valid offer and acceptance and is a binding contract.

399 When both parties have taken possession of the respective consideration,
the contract of rahn is complete.

400 “Unattached” — there must be nothing intrinsically attached to it, such as
the fruit of a tree when only the fruit is pledged.

401 The pledgor now has no choice but to carry out his own responsibility
with the loan or debt that is to be satisfied, and the pledgee is responsible for
the protection and well-being of the collateral.

402 The pledgee must guarantee what is pawned with him.

403 The collateral is guaranteed for less than its value and less than the
amount of the debt.

404 In such a case, the pledgor is free of the debt owed to the pledgee.

405 In this scenario, the perishing of the higher valued collateral will have to
be made up to the pledgor according to the difference between them, for
example, if the debt is of ten dinars and the collateral is of twelve dinars and
the collateral perishes, the pledgee is to repay the pledgor two dinars, and
until he pays that amount, it is regarded as a trust with him.

406 This means that someone pledges an item against a debt and that both
are of the same genus, for example, one pledges dates against a debt of dates,

or twenty dinars against a debt of twenty dinars. If such collateral perishes
with the pledgee, it is a liability against him and such perishing reduces the
debt against the pledgor according to the value of the collateral. The differing
quality and nature of the collateral and the debt is immaterial.

407 Al-Jawharat an-Nayrah, which is a commentary on the text, has “>
408 Because he has taken what was due to him and spent it, so there is
nothing outstanding for him.

409 Both of the slaves are considered together as one whole pledge with
respect to the debt.

410 This is the person who has been appointed as the agent in the respective
condition, even if he is the pledgee or someone else.

411 Any attempt by the pledgor to remove the agent will be without effect
and such removal deemed legally null and void.

412 If the pledgor does not fulfil his debt to the pledgee, the pledgee may
have him arrested, detained and imprisoned until the debt is satisfied.

413 The pledgee is told to return the collateral to its real owner, the pledgor,
after the pledgor has repaid his debt to the pledgee.

414 Pawning is a contract and does not transfer ownership from one person
to another, therefore the slave remains the property of the pledgor and his
emancipation of the slave is effective.

415 If the debtor is unable to furnish the debt and his slave is taken
possession of by the creditor as collateral, on the maturity of the settlement of
the debt the slave is to work for the pledgee/creditor until the debt is paid off.
When the slave returns to the pledgor/debtor after paying off the debt, he may
recover the expenses and wages of his work from him.

416 The pledgee is the aggrieved party in this issue, therefore, he is the one
whom the third party is to compensate by replacing the perished item.

417 If the pledgor causes damage to the collateral, he must compensate the
pledgee according to the extent of the damage, in order to make up for the
loss.

418 If the pledgee uses, or misuses, the collateral, and it is thereby damaged,
whether accidentally or willfully, the damage done to it reduces the debt
accordingly. If the debt is twenty dinars and the collateral incurs a damage of
seven dinars, then seven dinars is reduced from the amount of debt owed by
the debtor/pledgor.

419 If collateral such as a slave, or livestock or horses, commits an offence
against either the pledgor or the pledgee, or against any property that belongs
to either of the two, such as when a pledged horse kicks the pledgor and
breaks his arm, or a pledged garment is donned by the pledgee and it gives
him an itchy rash, etc., then there shall be no indemnity nor any other
compensatory act or omission against it.

420 The Arabic word used for increase is nama’. It includes all natural
extensions and expansions such as the fruit of a tree, the offspring of an
animal, or the growth on land, etc.

421 Such as a lamb born to a pawned sheep.

422 Loss of the increment will not raise liability against either party.

423 A, the pledgor, pledges a cow for twenty dinars, but it is only worth
fifteen dinars on the day that pledgee, B, takes possession of it. The cow
delivers a calf and it itself dies. A wants to free the calf, which is worth
fifteen dinars, on the day of its redemption by a, from the pledge and take it
for himself. A may free the calf by paying B the fifteen dinars. The
remainder, which is five dinars, is waived due to the value of the calf against
the cow. B incurs a loss of five dinars, whereas A incurs the loss of the cow.
Neither can claim against the other.

424 The pledge was raised against the debt. Any increase in that debt will
not allow the pledge to be secured against either of the considerations, that is,
against the original collateral and against any increment therein.

425 This refers to his children who are adult and not minor children.

426 The pledgor has deliberately and implicitly taken responsibility for it,
knowing that its protection by the pledgee is impossible when the pledgee is
not in possession of it.

427 The collateral is the responsibility of whoever has possession of it. If it
perishes in the possession of the pledgor when he has borrowed it back from
the pledgee, then the former is responsible for all that happens to it such as
injury and loss incurred. Its perishing “without anything” refers to the
responsibility of the pledgee, who is free from any liability, whereas the
pledgor is liable to replace the borrowed collateral. This, however, does not
nullify the contract, nor does it absolve either party of anything.

428 The minor is normally deemed to be of mature and rational thought
when he attains majority. In this case, when it is noticed that such a minor

does not possess rational thought and that he may be insane, his property and
wealth are not surrendered to him, in order to take precautions in case he may
wreck it. If the circumstances persist, the property is kept away from him
until he reaches twenty-five years of age.

429 The fool, of major age, may free a slave, but the slave is free subject to
paying off his own value in labour.

430 Abu Yusuf and Muhammad.

431 It is the right of his wife, children and others in his family and household
to be maintained by him. Foolishness does not take away their right upon him
from them.

432 This is the general rule of all bequests, that they are not to exceed one-
third of the property left behind by the deceased.

433 Likewise, if he has dinars and his debt is also in dinars, the judge may
settle the debt without his authorisation.

434 If the insolvent confesses to a debt or loan, other than one of those in the
case that is pending, then that loan or debt will not be taken into question
within this case. It becomes due on him after the decision in the case that is
pending and after he has settled those debts.

435 Az-Zubayri says in al-Jawharat an-Nayrah, “...for he only detains him
in custody if he is of ample means. As for if he is in straitened circumstances,
then he does not detain him in custody.” Presumably the case here refers to
someone who is able to discharge his debts but reluctant to do so. Ed.

436 This is where he possesses property that he has yet to pay for or a loan
that he has yet to settle.

437 This is where he has yet to pay regarding a contract that he has entered
into.

438 This refers to the deferred form rather than the immediately payable.

439 The insolvent, when he claims not to own any property, may be detained
on account of the preceding cases. Otherwise evidence of his ownership of
property must be established.

440 The insolvent may be trading property or goods for someone else, or he
may be working for another person which requires travelling and disposing of
goods from place to place, etc.

441 The creditors must not demand anything from the insolvent debtor.

442 The dissolute must be safeguarding and utilising his property wisely,
otherwise interdiction may be brought against him.

443 In this case, the insolvent possesses goods that belong to another person.
That person is like a creditor to the insolvent, and the goods owed to him are
the debt.

444 The item must be of value, like an orchard, a dinar, etc., and not
something that has no value, like a grain of rice.

445 He is the one who confesses or acknowledges.

446 Two hundreds dirhams, the least amount of silver from which zakah
would be taken, is considered to be a large amount of wealth.

447 Ten dirhams are considered to be lots of dirhams.

448 If A says to B, “I owe you thirty dinars except two dinars,” A owes B
twenty-eight dinars.

449 An example of a little amount is when A says to B, “I owe you ten
dinars except two dinars,” A owes B eight dinars.

450 An example of A lot is when A says to B, “I owe you ten dinars except
eight dinars,” A owes B two dinars.

451 When A says to B, “I owe you thirty dinars except thirty dinars,” the
exception is void and A has acknowledged owing thirty dinars.

452 He does not qualify the hundred. Ed.

453 He does not qualify the hundred. It could mean, for example, “one
hundred dirhams” and a garment. Ed.

454 Contrary to the previous case, it is unlikely that someone may owe
garments to another in such a large number. With regards to dirhams and
dinars, it could be either, but due to the lack of qualification here, the one
who acknowledges will be asked to explain his intended meaning. It is quite
customary to use numbers unqualifiedly to mean dirhams.

455 A acknowledges that he owes B one hundred dirhams, on the condition
that he has a week to pay that to him. The acknowledgement of owing the
one hundred dirhams is binding upon A, but the condition of a week to pay B
is void.

456 If someone acknowledges that a certain house belongs to someone else
(the one in whose favour the acknowledgement is made (muqgarr lahu)) and
that its structure belongs to himself, then the house, together with its

structure, belong to the one in whose favour the acknowledgement is made
(muqarr lahu), because it is unlikely to find a house divided in such a way.
457 Unlike the preceding issue, such a division is likely.

458 He is required to surrender, on demand, the dates together with the
basket to the one in whose favour the acknowledgement is made (mugarr
lahu).

459 The beginning is one, whatever comes after it is two, three... until ten.
The limit, which is mentioned in the statement here, is ten, which is to be
dropped. We are left with nine as the highest number before the last one is
dropped. Imam Abu Hanifah, may Allah have mercy on him, uses this
method in such-like cases.

460 Abu Yusuf and Muhammad.

461 If A says that he has a ring that belongs to B, then A gives the complete
ring to B, the annulet together with the stone that is affixed to it.

462 This is the terminal illness that leads to someone’s death.

463 For example, A is on his deathbed. He acknowledges debts of five
hundred dinars, of which three hundred dinars he incurred while in good
health. Two hundred dinars were incurred during his final illness, of which
one hundred dinars are outstanding bills. The remaining one hundred dinars
are from unknown sources. In payment of these debts, the three hundred
dinars that were incurred during his good health are given priority, together
with the bills due to them being of known sources. The final one hundred
dinars will be paid off if and when there remains anything.

464 A divorce of the irrevocable type and at the instance of the wife
otherwise she receives her share from the inheritance.

465 If he divorces her only once or twice, and he dies during her period of
‘iddah, she receives her share of the inheritance.

466 The purpose of the receipt of the lesser amount is that giving the woman
more than her right of inheritance and thus depriving the other heirs of their
fair shares is possible. In order to avoid such injustice, the lesser of the two
will be given to the divorcee.

467 If it is possible that a child of such description can biologically be born
to him, such as the relevant age of the confessor, etc.

468 One may say that so-and-so is his mother, father, wife, son, daughter or
master.

469 When someone claims another to be his brother, or uncle, etc.

470 Irrespective of the closeness or distance of the relationship, the known
relative will overshadow the one in whose favour the acknowledgement is
made (mugarr lahu) with regards to the entitlement to inheritance.

471 In the absence of a known heir to the one acknowledging, the one in
whose favour the acknowledgement is made (mugarr lahu) will be worthy of
the inheritance and become an heir.

472 This refers to all types of smithery, especially the occupation of the
blacksmith.

473 This refers to heavy duty milling which requires the use of animals or
large amounts of water. With regards to hand-milling, it is acceptable.

474 These three types of work are generally those that can possibly cause
damage to the structure of the building. It is, therefore, necessary that when
Someone intends to carry on any such trades or work in a house or shop, he
must mention that to the lessor.

475 Some crops could prove harmful to the land or to adjacent land and
crops, therefore it is important that the tenant mentions whatever he is to
cultivate in it in order to avoid future disputes.

476 Contrary to the preceding issue, the tenant may stipulate the condition
that he is to cultivate whatever he wishes.

477 When the building and the trees have been stripped, the landlord may
pay the tenant the value of the same in their current state and he takes
ownership of them.

478 If the landlord is happy with the tenant leaving the trees and the
buildings as they are and he does not charge or pay the tenant anything with
regards to them, the landlord remains the owner of the land and the tenant
remains the owner of the buildings or trees thereon.

479 If the lessee does not mention anyone specific to be mounted.

480 This rule applies to all leasable goods that are liable to change due to the
different nature and skill of each individual user.

481 The nature of the load with respect to possible harm caused must be the
Same or less. For example, barley, sesame, corn, etc. resemble wheat when
loaded, whereas planks of wood, sacks of potatoes and bags of coins differ.
482 As in the last note, the iron is more harmful to the animal than cotton of

the same weight.

483 An employee held in common means someone who is self-employed
and provides his services to a variety of people. Ed.

484 A private employee is someone who is employed by one person. Ed.

485 Abu Yusuf and Muhammad.

486 i.e. he lets blood.

487 So long as the owner authorises the surgery.

488 This is the general case, that whatever is destroyed, or even harmed,
whilst in his bona fide possession and by his responsible undertaking, he is
not liable for any damage caused.

489 If, however, he oversteps the boundaries of caution and causes damage
to anything that is in his possession due to the nature of the work, he is liable
for it. For example, if while driving a taxi that belongs to someone else and
for that owner, he negligently scrapes its body against a wall causing damage
to it, he is liable for the damage caused to the taxi.

490 The services of a hired slave are naturally going to be availed of within
the home or other domestic environment. The journey consists of further
hardship relative to the home, therefore the lessee must state his desire to the
lessor of taking the slave on the journey with him.

491 The contract was to load supplies of a specific amount, say, one hundred
kg in weight. Along the way, he has eaten, or used up, twenty kg of those
Supplies. He may purchase more supplies in order to make up the one
hundred kg that was stipulated in the contract. He must not, however, exceed
this amount.

492 Once the parties have entered into the contract of ijarah, the
remuneration does not become due merely by virtue of its being established.
493 The employee or hireling stipulated that he wanted to be paid promptly.
494 The employee, hireling or lessor, may be remunerated in one of three
ways:

When a condition is stipulated that the lessee, or employer, will pay him before the work is done
' (conditional advance payment),

When the employer pays the employee in advance and no such condition is stipulated
' (unconditional advance payment), or

c. When the benefit from the contract has been achieved by the hiring party.
495 Makkah is used here as an example; this applies to all locations and

distances.

496 The cameleer may demand, separately, the fare for each stage as it is
covered.

497 ‘Their services are availed of for a specific purpose, the fulfilment of
which is required in its entirety. Hence, the wages are paid after the
completion of their work. The exception to this rule is that advance payment
may be made a precondition to the fulfilment of the obligation.

498 Until the cooked bread is withdrawn from the oven it is regarded as
useless, therefore the withdrawal of the cooked bread from the oven is, in
effect, the fulfilment of the contractual obligation.

499 The condition is binding.

500 If he leaves the tailoring until the next day, he is not paid according to
the condition stipulated by the hirer. He is paid according to the customary
rate (mith!) of an average tailor of that area, but the maximum that he may be
paid is only half a dirham, even if the customary rate may exceed that, say,
three-quarters of a dirham.

501 Abu Yusuf and Muhammad.

502 They are the months of renting the house.

503 This is a repetition of the first part of the last issue, without the
designation of more than one month.

504 A and B share the ownership of a house. A cannot let his share of the
house to anyone except B.

505 Abu Yusuf and Muhammad.

506 Or any other milk apart from her own, and this includes powdered milk,
since it would be powdered cow, sheep or goat’s milk.

507 It must be borne in mind that stipulations in contracts, of whatever kind,
divert the natural course of the contract in the favour of either or both of the
parties to the contract. It is a form of customising the contract as and how the
parties choose.

508 If the employer, customer or hirer does not specify the condition that the
artisan is to work alone, then the artisan may avail of the services of someone
else, such as an apprentice, partner or another artisan, in the pursuance of the
objective of his job.

509 That is if the tailor differs with the owner of the cloth. The same applies

to the dyer.

510 Mithl remuneration is that pay which is paid to the employee, hireling,
etc. according to the rate and kind that one would be entitled to if the lease
was Valid.

511 The preconditioned amount is the maximum that one would be entitled
to in this type of transaction or labour.

512 The landlord is entitled to rent from the tenant as soon as the latter takes
possession of the house; the fact of possession validates the remuneration.
513 The contract of lease, in cases such as these, self-rescinds, in the favour
of the leaseholder and against the interest of the lessor, due to the perishing of
the principle factor of benefit from the property.

514 The tenant cannot pay the rent of the shop due to the destruction of his
goods which he would have sold in order to accumulate money for the rent.
The landlord is therefore deprived of his rent, which, ultimately, renders the
lease void.

515 Contrary to the last issue, the landlord becomes bankrupt and he is
required to sell off his property in order to settle the debts that are due on
him. The court intervenes into this contract of lease and the judge orders the
sale of the property, the proceeds of which are advanced towards the
settlement of the debts.

516 If the journey is postponed due to unavoidable circumstances, then the
lessee is not liable for anything and the rescission of the lease is justifed.

517 If the person hiring out the mount postpones the journey on his own
accord and demands rescission of the lease, he is liable to pay to the lessor
whatever is due to him.

518 Although the word wajib has been used in the original Arabic text,
which is ordinarily translated as ‘obligatory’ when in the form wajibah
‘alayhi ‘obligatory on’, but when it occurs as wajibah lahu it means ‘a right
for him’ or ‘his right’. The obligation is not a binding one, so as to compel
each and every associate in sold property to file a suit for preemption. The
term wajib refers to a right, in this context, which the associate enjoys, as far
as his interest in the object of the sale is concerned.

519 Khalit is derived from the verb meaning to ‘mix’, and indicates someone
with whom ownership of property is mixed so that it is not clear where the
ownership of one ends and the other begins. This is a degree more than

partnership.

520 The associate may not enjoy a share of ownership but his right of use
and derived benefit entitles him to the right of preemption.

521 Neighbours are those whose houses are next to each other’s, and the
wall between their houses is the same or is connected.

522 The associate eclipses everyone’s right of preemption.

523 This is known as mawathabah (prompt assertion of a claim).

524 If the object of sale, for example a house, is still in the possession of the
seller, the preemptor is to approach him and call witnesses against him. If it is
in the possession of the purchaser, the preemptor approaches him with
witnesses. If neither of the two is available then the preemptor approaches the
object of sale itself, which is the house, and calls the witnesses there.

525 Once the witnesses have been made, the preemptor is to take the matter
to court. If he delays filing the suit, no harm befalls him and his right of
preemption is valid.

526 This may also refer to a grove.

527 Here, we understand that though preemption is established in landed
property, its consideration against the purchaser must be of value, which is
termed mal (property, wealth).

528 When the house is presented as dowry by the husband to the wife.

529 When a woman releases herself from marriage by giving her husband
the house.

530 When one rents another house in lieu of it.

531 When someone guilty of intentional killing pays it as compensatory
payment to the heirs of his victim.

532 Which is paid to him for setting a slave free.

533 When the buyer remains silent on the nature of the transaction due to the
property not yet being transferred or denies the sale altogether due to its not
taking place, and then the plaintiff and potential preemptor submits some
payment for the house to the buyer, the preemptor cannot bring a suit of
preemption against the buyer due to his negation or silence; ownership of the
property has not lapsed by receiving payment.

534 The acknowledgement would be a positive note in response to the
plaintiff’s suit.

535 In favour of the preemptor.

536 If, after discovering a blemish in the real estate, or after examining it and
it not being according to his standard of choice, the preemptor may return the
real estate due to his position as of that of a buyer.

537 The buyer is responsible for any blemish that may appear in the property
after the preemption order until its handing over to the preemptor.

538 The preemptor is compelled to summon witnesses to at least one of the
three prescribed places in order to qualify for the right of preemption. This
initial step settles this right, otherwise, no such right exists.

539 If A, the preemptor, accepts a consideration from B, for example another
house, waiving his right of preemption, then files a lawsuit claiming
preemption, the lawsuit is rejected and he is ordered to return the
consideration to B. Acceptance of the consideration denotes his willingness
to drop the right of preemption.

540 Where such a right is vested in the individual only, it is non-transferable
and is not inherited. The right of preemption dies with its owner.

541 The preemption is only a right of the associate and not of the buyer. The
death of the buyer does not herald the termination of this right, which would
be a grave injustice against the associate, who is the preemptor. This right
Survives as against the buyer and the seller.

542 This is so because he knows of the sale and does nothing to prevent it,
rather he is an accomplice in it.

543 The stipulated option to withdraw does not conclude the sale
indefinitely, and the seller has a conditional right to return the real estate to
himself.

544 There is no contract of sale here which would allow room for the
preemption.

545 When A gives B a house and receives from B some property in
exchange, stipulating the property as a consideration for the gift of the house
in question, such a gift, technically, becomes a sale, therefore, the right of
preemption arises for the preemptor. If, however, no consideration is made,
then no right of preemption exists.

546 If the original sale was for one hundred dirhams and the seller reduced it
to eighty dirhams for the buyer, then after the suit of preemption has been
decided in the favour of the preemptor, the preemptor shall only be required

to pay eighty dirhams for the real estate.

547 In contrast to the previous issue, if the seller reduces the price from one
hundred dirhams to nothing, the preemptor is required to pay the full price of
one hundred dirhams.

548 If the buyer pays one hundred and twenty dirhams instead of the sale
price of one hundred dirhams, the preemptor is not required to pay the extra
twenty dirhams, but only the original one hundred dirhams.

549 When four people own a house with their respective shares in different
percentages: A owns fifty, B twenty-five, twenty and D five. B sells his share
of twenty-five percent and the other shareholders file suit for preemption.
The judge will award each of the three preemptors one-third of the property
and their respective shares of ownership of the property will be disregarded.
550 Because the item of consideration is one that is uncommon, its value is
taken into account and the preemptor is required to pay according to that
value.

551 One case may be where the preemptor enjoys the right of preemption
against both pieces of real estate. The other case is where the buyer has
bought the real estate by paying in real estate, now the preemptor may pay
according to the value of the real estate that is given in consideration for the
real estate in question.

552 The associate in the property had relinquished his right to preemption on
the understanding that the real estate was sold for a high price; one that he
could not afford. Later, it was disclosed to him that the price of the sale was
not that high after all, or the sale may have been at a high price but paid by
means that he could afford, say a transfer of rights or part-exchange. After
such disclosure, the associate has a right to sue for preemption and his
relinquishment of his right to preemption is not taken into account due to its
invalidity.

553 In contrast with the previous issue, dinars are money and the associate’s
relinquishment is also based upon the excess of monetary value.

554 The distance of one cubit between the property of the preemptor and the
sold real estate is enough to avoid the suit of preemption, whereas any lesser
sap would suffice for the right of preemption.

555 A purchases from B one-tenth of a property. Then, he purchases the
other nine-tenths. C, the preemptor, only has a right of preemption in the first

sale of one-tenth and no preemption in the second sale of nine-tenths.

556 Naturally, the buyer would put the bought land to beneficial use. The
preemptor may pay the buyer for the value of the building and/or the plants,
or he may uproot everything and charge the buyer for it.

557. A calamity does not render the preemption void nor does it over-
privilege either party.

558 This is the land surrounding the ruins as well as the land upon which the
destroyed building once stood.

559 The fruit on the trees belongs to the preemptor, therefore, any picking of
the fruit results in a reduction of the price according to its value.

560 The buyer’s stipulation of maintaining innocence on the discovery of a
blemish does not hold in the way of the preemptor’s right to return the house.

561 There is no change of ownership here nor is there any sale of the
property. The shareholders in the property have merely divided the real
estate.

562 If the preemptor decides not to file for preemption and the buyer returns
the real estate to the seller by the decision of the judge on the account of a no
obligation right of return condition or on discovering a blemish, the
preemptor, or associate, may not now file for preemption. In this case, there
are the following ingredients: the buyer must have bought the house, the
preemptor must have relinquished his right of preemption, the buyer must
have returned the house to the seller due to a condition or a blemish and such
return must have been legally authorised.

563 With regards to this partnership, both partners must agree to carry on
business with the conditions that their contributed wealth, its disposal and the
debt that accrues therein are equal between the two.

564 These are what the partnership of sharikat al-mufawadah is based upon.

565 Each is the agent for the partnership and each stands surety for the other.
566 The exception to this includes personal bills and other forms of personal
financial rights and liabilities.

567 Either partner acts as an agent and as a surety for the other, according to
what the partnership is based on. A creditor may demand payment from
either partner.

568 It is a condition of mufagwadah that both parties remain equal with

respect to their wealth, its disposal and in their debts throughout the course of
the partnership. One partner gaining of that which may be used in the
partnership, by means of inheritance or gift renders him of a higher amount
of wealth than his partner, thus, it renders the partnership of mufawadah void.
569 Fulus, singular fals, are small copper coins whose value is such that
forty-eight of them equal a dirham They were used in small transactions for
everyday household items. Some confusion arises because fulus is used as a
modern term for money per se. Ed.

570 Common currency is what mufawadah is based upon, like dinars and
dirhams and fulus. Other forms of monetary value, like gold nuggets and
pieces of silver are also permissible, but only when such valuable items are
used commonly by the people. Those who take the judgement that paper
currencies are equivalent in value to gold and silver extend the judgement to
pounds sterling, dollars, rupees, riyals, euros, etc.

571 This is to ensure equality between them in pursuance of this partnership.
572 Also Sharikat al-Amwal.

573 Each partner acts as the agent for the other, but no partner is liable for
the acts or omissions of the other due to the absence of surety-like conditions
in ‘inan.

574 Unlike mufawadah, where the wealth of either party must be equal, in
‘Inan, the amount of contributed shares may differ.

575 It is permitted if A, B and C contribute £50 each towards the business
and they agree that A shall take 60% of the profits, B shall take 25% and C
Shall take 15% of the profits.

576 The partners need not contribute all of their wealth towards the
partnership.

577 All of the conditions of mufawadah apply to ‘indn, other than those that
have been specifically mentioned here.

578 Hence the agency and not surety.

579 For example, A purchases an item for the partnership at the cost of
ninety dirhams. There are three partners in the partnership, A, B and C. A
may recover sixty dirhams, thirty dirhams from each partner according to
their respective shares.

580 The complete destruction of the partnership’s property, or if the property
of one partner is destroyed before either of the two partners have purchased

anything renders the partnership void. Lack of wealth or property from one or
both partners is invalid in limited partnership (‘indn).

581 The purchase was made whilst the partnership of ‘indn was valid. Any
act or omission performed in the name of the partnership during its time of
validity binds all the partners.

582 For example, when they stipulate that B shall receive a fixed amount of
ten dirhams from the profits rather than a proportional share.

583 In which the capital owner shares profit with an agent in trade but bears
losses himself alone. It also known as a dormant partnership (See Chapter of
Mudarabah — Profit-Sharing Partnership).

584 Also Sharikat al-Abdan, partnership in labour.

585 If A and B are partners in tailoring and A manufactures a suit for the
client and pays him, the payment is divided between A and B, even though B
did not work on it.

586 The profits are enjoyed between the partners according to their shares in
the bought commodity.

587 Only the worker is entitled to the remuneration and there is no
partnership.

588 The worker is entitled to the remuneration and he shall pay the other for
the use of his item or animal.

589 Partnership cannot be inherited.

590 It becomes practically impossible to undertake business in such
circumstances, which is why it has been declared invalid.

591 The payment of zakah is a personal obligation and not a part of the
partnership.

592 When each of the partners discharges his own zakadh as well as that of
his partner at the same time, knowing that his partner has already discharged
his share of the zakah or not knowing that, the latter of the payers is liable for
the payment of the zakah of his partner.

593 Abu Yusuf and Muhammad.

594 Also known as girdd.

595 “Partnership is only concluded with dirhams, dinars and copper coins
(fulus) that are in ready demand, and it is not permitted in anything other than
that unless people deal in it, such as gold nuggets and silver; in which case

partnership is valid in them.” This can be seen in the Chapter of Sharikah —
Partnership.

596 Neither can specify an amount of the profit. All profits are divided
between them according to their pre-agreed shares.

597 Like the un-marriageable close relative (dhu rahm mahram) relatives,
because these relatives may not be owned as slaves by the owner of the
capital and so automatically become free.

598 Such purchases are invalid as far as the contract of profit-sharing trade is
concerned. These purchases are not made from the capital but from the
working partner’s own pocket.

599 He compensates for any loss incurred in the capital.

600 If the capital was worth one hundred dirhams and the working partner
buys an un-marriageable close relative (dhu rahm mahram) of the owner of
the capital for that price, and then the slave’s price increases to one hundred
and twenty dirhams. The working partner is free of his liability for the capital
to the owner of the capital.

601 With reference to the previous issue, the slave will work for the owner
of the capital to pay off the extra twenty dirhams that his value has increased.
602 The giving away of the capital and the disposal of it is not a condition of
liability but rather, it is the profit that is a condition.

603 For example, the working partner (mudarib) may, with prior permission
from the owner of the capital, enter into another contract with another
working partner (mudarib), as a subcontractor, on the basis of paying him a
third of the profits.

604 These shares are formed according to the stipulated conditions that were
made in the original contract and the subcontract.

605 This is according to the subcontract.

606 The first working partner (mudarib), i.e. the working partner to the
original owner of the capital.

607 Mudarabah is like agency wherein the death of either party dissolves the
contract.

608 Knowledge of the deposition is a requirement, just like that of agency,
where the agent continues to work in his normal capacity as an agent until
informed of his deposition.

609 When the contract of mudarabah is rescinded.

610 This is a condition of the contract itself where the loss is to be incurred
by the owner of the capital himself.

611 There is no link between the first and the second contract of mudarabah.
612 The working partner.

613 If the contract of the individual is forbidden for himself, it is also
forbidden to appoint an agent for it, as in trade in alcohol and pork, etc.

614 The rights and liabilities of punishments for contraventions of the limits
(hudud) and retaliatory punishments (qgisds) are individual-based; they cannot
be delegated or transferred, hence the impermissibility of the appointment of
an agent.

615 The principal must be one who owns a right and enjoys the power of its
disposal and due execution in order for him to delegate that authority to the
agent, and the rulings are binding upon him.

616 The rulings of agency must be binding upon the principal for him to
appoint the agent and authorise him with rights and impose on him duties.
The minor and the insane person are thus not allowed to appoint agents due
to the absence of the relevant rulings binding them.

617 This concerns financial transactions but, as we shall learn later, other
interactions are also included.

618 Agency cannot be imposed upon someone who does not intend to
become an agent for the principal.

619 This goes against the general rule, but it does not come without the
following condition.

620 The agent enjoys the rights of the principal regarding the agency and its
subject. In this case, such rights remain with the principal and they are not
delegated to the agent.

621 This is connected to the preceding issue where the agent has paid from
his own property. The payment to him from the principal remains due.

622 If the price is more than the value then the agent recovers it from the
principal.

623 The agent is liable for the complete price, irrespective of the value.

624 ‘The principal may rescind the agency at any time due to such right
vested in him.

625 In all such cases, the principal loses his capacity of overseeing and
approving any action or omission by his agent.

626 He is rendered incapacitated with regards to his payment of the kitabah
dues.

627 If the judge had declared him someone who has moved to enemy
territory as an apostate then when he returns, he does not return as an agent.
If the judge has not declared him as such then his return to Muslim lands as a
Muslim means that he is still qualified as the agent.

628 The purpose of the agency has been lifted by the act of the principal.

629 Male relatives in this issue include their female counterparts, such as
mother and daughter, etc.

630 One’s dealings with them have the possibility of an interest for either
party which may invite public criticism or even the allegation of corruption
from any third party, including the principal himself.

631 Abu Yusuf and Muhammad.

632 The basis of the difference between the two opinions is where Abu
Hanifah, may Allah have mercy on him, relies on the agency being
unconditional and Abu Yusuf and Muhammad, may Allah have mercy on
them, tie it down with conditions.

633 There are two scenarios to this issue:

If the valuers, or the experts in such commodities, are unable to ascertain the value of any such

a. a.
commodity, then it is deemed to be one which the people are not accustomed to;

If the seller prices it so that it does not correspond to the local price and the valuers do not recognise
b. the attributed price as customary, then it is one that the people are not accustomed to. Agency,
therefore, is invalid with regards to such a commodity and such a price, respectively.

634 Abu Yusuf and Muhammad.

635 That the debt collector is his agent and that the debtor is bona fide.

636 If it is not in the agent’s possession, the debtor may not claim it from
him.

637 They are also known as physical surety and financial surety.

638 This refers to life or slavery, depending upon the circumstances, and as
the case may be.

639 This is the liability of the one standing surety when he has agreed to be
surety against the default of or delinquency of the principal.

640 This is when the surety has fulfilled his obligation of presenting the

principal.

641 Litigation is not possible in the wild, hence the impermissibility.

642 There are two separate surety contracts involved in this issue: i. surety of
property, which is for the one thousand coins, and ii. surety of person.
Neither is connected to the other, therefore, the settlement of one does not
discharge the surety of the other.

643 These cases are individual liabilities and, therefore, punishable on the
perpetrator himself.

644 The debtor in this case is the principal, the person who originally owes
the debt.

645 The statement or declaration of the person for whom surety is
undertaken (debtor) is not of more weight than that of the person who is
surety.

646 The creditor, etc.

647 One may not stipulate a condition to free the person standing surety
other than the genuine purpose for which the contract of surety was entered
into.

648 Payment is price, as against value.

649 The goods are liable to change and destruction, which one can never
Suarantee.

650 Only a half of the payment is from the primary obligor, and any excess
is from himself.

651 He is like the person who stands surety.

652 This is when the liability is transferred to the person to whom
responsibility for the debt is transferred (muhtal ‘alayhi).

653 This is when one gives credit to another and the creditor decides to
receive the debt from a third party in another city, thus relieving himself from
the perils of travelling with wealth. Money orders, traveller’s cheque, etc.,
fall within this category.

654 It is derived linguistically from musalahah — negotiating a settlement —
which means musdlamah — conciliation after differing. In the shari‘ah it is an
expression denoting a contract made between the parties negotiating the
settlement in order to prevent quarrels by reaching mutual agreement and is
interpreted to apply to contracts governing transactions. Its fundamental

Support is making an offer and acceptance. The two subjects of negotiated
settlement and its precondition is that over which the settlement is reached
should be property or a right for which it is permissible to offer compensation
or a substitute for (Al-Jawharat an-Nayrah). Ed.

655 This type of negotiated settlement is like a sale, wherein the option of
return, the stipulated option of examination, the right of preemption, etc. are
applicable, so long as it is determined according to property-for-property
transactions.

656 This is because such contracts are based on profit whereas the property
remains in the ownership of the original landlord all the time.

657 When A is in possession of an item which is claimed by B, and A makes
a settlement with B to continue his possession by paying him one hundred
dirhams, but later it is proven that the item belongs to C, A takes the one
hundred dirhams back from B.

658 As to what proportion of the house, or what specific part, is his share.
659 This is justifed due to the lack of specific share or portion of the house.
The part or portion which the claimant demands may or may not be the part
or portion of the rightful owner.

660 Hadd offences (pl. hudud), i.e. punishments for contraventions of the
limits, are the rights of Allah alone and no-one is permitted to vest these
rights.

661 This is similar to the kitabah agreement written with a slave to purchase
his freedom.

662 This would render it a sale or the compensation, a fine. Tendencies of
usurious dealings are possible.

663 The creditor has waived his right to receive a thousand good quality
dirhams and has accepted five hundred inferior dirhams which are adulterated
with other metals, and written off the remainder of the five hundred by
relinquishing his right to them.

664 When something is due from another and the former allows him to delay
payment, it is understood as if the former postponed his own right of
receiving that payment.

665 In relation to the last issue, the payment of dinars in exchange for
dirhams is not permitted due to its rendering it a usurious transaction.

666 ‘Black’ dirhams are poor quality, adulterated coins. ‘White’ dirhams are

presumably better quality and purer coins. Ed.

667 This renders the settlement a contract based on usury, which is
prohibited.

668 The agent.

669 The other partner may demand a quarter of the debt from his partner and
the remaining quarter from the debtor. As in the previous issues adjacent to
this one, the other partner may resort to the debtor for his complete share of
the debt and leave the quarter share from his partner.

670 It is permitted, be it of whatever amount or kind.

671 A inherits from the deceased along with B, C, D and E. The inheritance
includes gold, silver and other goods. B, C, D and E want to exclude A from
the inheritance and want to negotiate a settlement with him by giving him
gold and silver only, thus depriving him of other goods. What they give him
in gold and silver must be more than his normal share of gold and silver from
the inheritance in order to make up for the value of the other goods which
they are depriving him from. Otherwise, this would be rendered a usurious
deal.

672 He waives his share of debt upon them.

673 Hibah is a contract for which the basic elements of a contract are
necessary, and they are the elements of the offer and the subsequent
acceptance.

674 He is the donee.

675 He is the donor.

676 Where the session (majlis) has changed.

677 When others may claim a share therein, and it has the potential to be
divided whilst retaining its benefit, like fruit, crops, etc.

678 i.e. rights of inheritance, of passage, etc.

679 If the gifted item is indivisible, like a slave, a car, etc., then it may be
given as a gilt.

680 The person who gives the gift gives away only his portion of the shares.
681 Abu Yusuf and Muhammad.

682 Like payment or another commodity.

683 Such as when the gift is fruit, and the person given the gift has mixed
Sugar and other substances with it to make it into jam.

684 When the person given the gift sells it or gives it as a gift to someone
else.

685 When one grants a gift to another person such that the person given the
gift may occupy, or possess, the gift as long as the latter lives.

686 Also donee.

687 When one acquires ownership of property if he survives the other.

688 Zakah is paid from specific categories of wealth, therefore, sadaqah is
also to be paid from the same category as that of zakah.

689 Someone vows to donate all of his wealth, which is one hundred
dirhams. He retains fifty dirhams to spend on himself and on his family. After
he has earned more wealth, he donates the amount that he had retained from
the original donation, which was fifty dirhams.

690 The analogy of releasing a slave has been used here.

691 He is the beneficiary of the endowment.

692 The beneficiary is not entitled to sell, gift or pledge the property of
endowment due to the fact that he does not acquire its ownership.

693 When A endows B the proceeds of his property, and after the death of B,
to C, or to the poor and needy forever, etc.

694 When A endows B with the proceeds of his property but does not
mention anyone after B, then upon the death of B, the endowment passes to
the poor.

695 This includes all bovines, such as oxen and other working animals such
as those of the horse family.

696 Abu Yusuf, may Allah have mercy on him, specifies common property
in this issue due to being alone in validating its endowment, whereas the
other Imams are completely against the endowment of common property.

697 If some slates fall off the roof of the endowed building, the judge
(hakim) shall, if he feels the need, restore them or put them to beneficial use
in the endowed building. He may also sell them and utilise the proceeds
thereof for the repairs of the building.

698 He retains building materials and the like for future use.

699 This is when someone separates the building by making a separate path
for it.

700 By his verbal expression that he has endowed it howsoever.

701 The usurped item must be returned in its original form. If it has perished
and it was of a fungible nature, i.e. easily replaceable due to its common
availability, and it was of real nature, i.e. of weight, measure, etc. then the
usurper must replace it.

702 This is because it is not possible to replace it.

703 Seizure of landed property, or of property that is not liable to change,
does not constitute usurpation (ghasb).

704 The Imam regards that there is a possibility of usurpation in real estate
as well as in movables.

705 In this option, the owner keeps the slaughtered goat and receives
compensation from the usurper.

706 The victim of usurpation, if he was the owner, ceases to be the owner.
707 The usurper buys the item from the victim according to its original value
prior to the alteration.

708 The usurper has built upon it using bricks, stones, mortar, etc., and it is
now non-returnable due to the impossibility of removing it without severe
damage being caused. The usurper compensates the victim according to the
value of the beam.

709 If, due to eradicating the building and the trees, the land is likely to
suffer loss by whatever standards, the owner may pay the usurper the value of
the planted trees and of the standing building as if they had been eradicated,
and not according to their value as they stand erect on that land.

710 If the slave-woman was worth one hundred dirhams before bearing child
and sixty dirhams after childbirth, the usurper compensates the owner with
forty dirhams. If the child is worth forty dirhams, the usurper does not
compensate for anything due to the value of the child making up for the loss
incurred. If, however, the child is worth only ten dirhams, the usurper
compensates for any difference, and that, in this case, is thirty dirhams.

711 Such items are of value to a non-Muslim who considers them as lawful.
712 A Muslim has no lawful use for alcohol or pigs, therefore, they have no
value, and hence, no compensation is due for their wastage.

713 A deposit is something left on trust with someone or in his safe-keeping.
It is also known as a bailment of goods.

714 He is the bailee.

715 Liability for the destruction of, or damage caused to, the deposit is not
placed against the keeper (bailee) under normal and_ reasonable
circumstances. Where any such liability is mentioned, it is imposed due to
diversion from the general circumstances, like transgression, etc.

716 Household includes all those who live with him in his home, be those of
blood or marital ties or of no relationship other than of sharing the same
residence, but does not include his minor children, lunatics or those who lack
reason and discrimination between right and wrong. The keeper is permitted
to protect the deposited item by his household members due to the
impossibility of his keeping it in his own possession all the time.

717 If there is nothing restricting the keeper from submitting the deposit to
the depositor on his demand and it is damaged or destroyed, the keeper is
liable for such damage or destruction.

718 Both share the mixed product according to their respective shares
therein.

719 This is when the keeper refuses to acknowledge the contract of deposit.
720 If the deposit is too heavy and burdensome and the passage is hazardous,
the keeper is not permitted to travel with it.

721 A places some books as deposit with two persons, B and C. Neither B
nor C may take the deposit to themselves as a whole. They may, however,
split the books, each of the two taking a half of them.

722 ‘There is no choice in this issue because the deposit, say a cow, is not
divisible, and only one of the two may possibly safeguard it at any one time.
723 The wife is a part of the household and she may protect the deposit on
behalf of the husband, who is the keeper.

724 Houses, in terms of safety and security, are different. If the house used
for the deposit is more secure than the one chosen by the depositor, the
keeper is not liable in the case of destruction or damage caused to the deposit.
725 This is a commodity loan.

726 These words are also used for giving a gift, therefore, it is necessary that
one makes his intentions clear when lending them out on loan.

727 General rules of trust apply to all loans used in a reasonable manner.

728 As distinct from i‘arah, gard is the use of the item itself which subjects
the item to change hands and loss of its possession with regards to the

borrower. This is against the rules of i‘adrah where the benefit derived from
the borrowed item is achieved and it does not change hands, nor does the
borrower lose possession of it.

729 ‘Time, as one of the conditions of the contract of ‘ariyyah, cannot be
overlooked; its breach raises the liability in the favour of the aggrieved party,
as against the lender.

730 If the borrower hires a taxi, or any other form of transportation, to
transport the item that he has borrowed to and from the premises of the
lender, he alone is required to pay the charge for such transportation.

731 The foundling is not to be treated like a slave.

732 This is by virtue of knowing the foundling better than the other claimant,
which is stronger than a mere statement.

733 The person who finds the foundling is not a legal guardian and may not
marry off his charge. The judge (hakim) is the legal guardian.

734 The finder is to investigate regarding the owner of the lost property by
asking people and by announcing it. He may utilise the facilities of the local
police station, public notice boards, newspapers, gazettes, local television,
radio stations, internet and any other means of publicising it that he deems fit
and reasonable for this purpose.

735 The owner may accept the act of charity and let the finder be.

736 The owner may charge the finder according to the value of the lost
property which the latter has given away in charity.

737 The finder may take a goat, cow or camel which has gone astray and is
at risk from thieves or predatory animals, and protect it according to the
injunctions of this chapter.

738 He leases the camel, for example, to work as a part of a caravan,
transporting luggage or people. The income that is generated from such lease
is spent on the camel for food, maintenance, etc.

739 i.e. outside the Haram of Makkah and the Haram of Madinah is known
as al-Hill. Ed.

740 All positive uses in the favour of the finder are considered benefits in
this case. Availing of the strength of the camel in carrying luggage and
transporting people, etc. is a benefit within this understanding.

741 This issue explains the legal position of such a person and not the

biological classification.

742 Abu Yusuf and Muhammad.

743 If more urine is excreted from either of the two passages, that respective
legal position shall be attributed to the hermaphrodite.

744 The noun khunthd is masculine and so the hermaphrodite is referred to
as ‘he’.

745 In a congregational prayer, the sequence of rows distributed gender-wise
is such that men form the front rows, followed by the women. In the case of
hermaphrodites joining the congregational prayer, they should form their
rows, if there are more than one, behind the rows of the men but in front of
the women.

746 Abu Yusuf and Muhammad.

747 Abu Yusuf and Muhammad.

748 The boy would normally have received four shares, a half of which is
two shares. A girl would then have received two shares, a half of which is
one share. Thus, the boy receives his normal four shares whereas the
hermaphrodite receives three shares, two from the boy’s half and one from
the girl’s half.

749 The boy would receive twice as many shares as those of the girl,
therefore, six shares would be an ideal denominator. It is, however, difficult
to establish the share the hermaphrodite would receive if calculated according
to Imam ash-Sha‘bi’s opinion, with regards to Imam Muhammad’s preferred
method of calculation. We, therefore, double the shares to twelve, in case the
calculation became complex. From twelve, if we deem the hermaphrodite to
be a female, he then receives four shares with the boy receiving eight. If we
deem the hermaphrodite to be a male, then he receives six shares with the boy
also receiving six shares. We amalgamate both cases and derive the average
shares from both cases, which for the boy is seven and for the hermaphrodite
five. (If we had used a total of six shares for this calculation, the
hermaphrodite would receive two and a half shares and the boy three and a
half shares.)

750 With respect to himself, the missing person is considered alive; his wife
does not remarry and his property is not inherited, etc. With respect to others,
he is considered dead in that he does not receive inheritance from someone
deceased and he is not entitled to the proceeds of a will or a bequest.

751 Scholars and jurists of other schools of Islamic jurisprudence have
declared fewer years of waiting for the missing husband. Some other Hanafi
texts also state a significantly lesser waiting period before the missing person
is officially pronounced dead. Al-Maydani, in his commentary on the
Mukhtasar al-Quduri called al-Lubab fi Sharh al-Kitab, mentions a period of
ninety years, whereas al-Haskafi, in his ad-Durr al-Mukhtar, states four
years.

752 Those who are alive.

753 When the inheritance is being distributed.

754 From a distance of one and a half days away would be twenty dirhams,
and likewise, it is calculated relative to the first issue.

759 If the slave is worth twenty-five dirhams and he runs away to a distance
of three days, and is subsequently caught and returned by A, then A is
entitled to a reward of a maximum of twenty-four dirhams.

756 If the master had placed the slave as collateral in a contract of pawning
with A and he runs away and is subsequently returned, he is returned to the
pledgee and the one returning the slave is rewarded by the pledgee. If the
value of the slave is more than the loan, the pledgee shall only be liable to
pay a maximum of what is according to the amount of the loan. Any surplus,
thereof, is against the pledgor.

757 Factors which hinder cultivation include the land being situated in a
treacherous location, or surrounded by hostile undergrowth, etc.

758 Imam here is the leader of the Muslims, whether the khalifah, an amir, a
king or sultan.

759 This is to ensure the revival of that land and to remove its barrenness.
The ownership of barren land is justified by cultivation or revivification.
With respect to this topic, and where such cultivation or revivification is non-
existent, the Imam may appoint any person for the task.

760 The precincts extend from the centre of the well, similarly to the radius
of a circle.

761 With regards to the issues pertaining to an existing well or spring that
has been acquired by someone in the wilderness, its precincts belong to the
owner of the well or spring. No person is allowed to dig a well within the
precincts owned by someone else.

762 These two rivers have been mentioned due to the common

understanding of the people of that locality where the author, i.e. Imam al-
Qudurl, may Allah have mercy on him, lived, otherwise their reference
towards any other river or any other large permanent mass of moving water is
valid.

763 When any river recedes or changes course and exposes the riverbed
where it once flowed.

764 When the receding of the water is temporary.

765 This includes canals, streams, etc.

766 The land, in itself, belongs to another, and the river merely passes
through it.

767 Abu Yusuf and Muhammad.

768 The jetty is important for access to the river in the case of maintenance,
cleaning, blocking, etc.

769 This is out of the jurisdiction of the authority enjoyed by him.

770 The ma’dhun is responsible for his own personal debts, for which he
may be sold to the creditors in lieu of them should he fail to settle them,
unless his master repays the debts on his behalf.

771 If the master of the ma’dhun revokes the authorisation, the ma’dhun
remains authorised until the traders in the market become aware of such
revocation or interdiction.

772 The authorisation remains intact with regards to whatever is in the
possession of the slave for the purpose of the authorised act or omission.

773 Abu Yusuf and Muhammad.

774 This refers to his bondage with his master, and it reflects his value.

775 If the slave is burdened by debts to such an extent that they are more
than what he owns and more than he himself, as a slave, is worth, then the
master may not take anything from him. The master may only take from his
Slave what is in surplus to the slave’s needs.

776 If the ma’dhun owns a slave, in this case the master of the ma’dhun may
not free that slave.

777 Abu Yusuf and Muhammad.

778 Surrendering the goods to one’s own slave before taking payment from
him renders the sale void due to the element of debt in it.

779 Fem: ma’dhunah.

780 She becomes an umm al-walad, and this status hinders her from
revealing herself in public.

781 Abu Yusuf and Muhammad.

782 The chances are that one may be deprived of produce due the scarcity of
such canals and ditches where fruitful crops may grow.

783 If both of them enter into a contract which they later realise was based
on void conditions, then the contract of cropsharing is deemed invalid. In
such a case, the produce shall go entirely to the provider of the seeds thereof.
The labourer is entitled to remuneration and not to any share of the crops. If
he would have received a share of the produce in any percentage, had the
contract of cropsharing turned out to be valid, the price of which would have
been fifty dirhams, he is paid an amount as remuneration for his provision of
labour, and such amount shall not exceed fifty dirhams.

784 If the crops have not yet ripened, the cultivating partner in the contract is
liable to pay rent for the use of the land until the crops ripen.

785 Abu Yusuf and Muhammad.

786 If the fruit has ripened and reached its peak, hence, the tree ceases to
produce more fruit by labour than what is already on it, any contract of
cropsharing through irrigation is void due to its purposelessness.

787 When the man says, “I have married you,” and the woman replies, “I
have accepted it,” that concludes the marriage.

788 This is an order, and an order, in Arabic, is considered a part of the
future tense.

789 Granddaughter.

790 Nieces from female siblings.

791 Nieces from male siblings.

792 The daughter in this sense refers to his wife as well any of the daughters
of that woman with whom he may have lawfully consummated matriage.

793 Just as this prohibition applies to two sisters in the same marriage, so
does it to two sisters lawfully owned as slaves (milk yamin).

794 This is a hypothetical issue explaining the prohibition of being married
to two women at the same time when if either of the two was a man, then it
would have been forbidden for them to be married to each other, as in the
case of blood siblings, foster siblings, consanguine and uterine relatives, etc.

795 A, a woman, was married to B, who had a daughter, C, from a previous
wife, Z. B dies, leaving C in the care of A. A marries D. D may also marry C
because there is no legal objection to this marriage.

796 This is similar to, but not the same as, a decree absolute (final
judgement declaring a matriage dissolved) in civil law.

797 This also includes a revocable divorce (talaq raj ‘1). A revocable divorce
in Islam is similar to, but not the same as, a decree nisi (provisional or
interlocutory judgement granting a conditional divorce) in civil law.

798 If they set them free, they are able to propose marriage to them in both
cases. Ed.

799 Zoroastrians or Parsees. Ed.

800 The term Sabian is applied to two groups: first, followers of one of the
prophets, and second, a group that are devoted to the stars. Ed.

801 They may enter into a marriage with each other or with someone who is
not a person in ihram, but they may not consummate the marriage by sexual
intercourse due to restrictions imposed by the ihram.

802 Abu Yusuf and Muhammad.

803 Abu Yusuf and Muhammad.

804 Abu Yusuf and Muhammad.

805 Priorities of guardianship are given as those in priority of inheritance.
806 The guardians of a Muslim woman cannot be any of these categories of
people, irrespective of close consanguine relationship with her.

807 In such an issue, the absence of male relatives (‘asabdat) is a condition.
808 The nobility of the occupation, sources of financial income,
employment, etc. are to be reckoned in the issue of suitability in marriage.
809 Mentioning fewer than ten dirhams is invalid, and so, any number that is
mentioned below ten means ‘ten’.

810 Consummation of marriage is by sexual intercourse.

811 Seclusion in this context refers to the husband and wife being together
without the presence of anyone else and that neither of the two are prevented,
whether physically or ritually, from sexual intercourse with the other.

812 These are obstacles in the way of performing sexual intercourse, and
therefore, such a seclusion has no validity.

813 A gift of consolation is obligatory for her, unless the divorce is

pronounced according to this issue or at the instance of the wife.

814 If the slave is sold at any time after that, the dowry is a liability upon
him in the form of a debt.

815 If, for example, a goat is mentioned without qualification, and the breed,
colour, age, value, etc. are not specified.

816 This occurs when a man marries a woman saying to her that he has
married her for, say, ten days, and he uses the word ‘mut‘ah’ or any of its
variants, with respect to the marriage. In this kind of marriage, witnesses are
not present.

817 This takes place when a man marries a woman for a fixed duration of
time, say ten days or a month, and he uses the word ‘nikah’ or any of its
variants, with respect to the marriage. In this kind of marriage, witnesses are
present.

818 It depends upon the consent of that particular man or woman, as the case
may be.

819 This is valid only when the son of the paternal uncle becomes the
suardian of that female minor.

820 This is in the event of the non-payment of the dowry by the husband.
821 The waiting period (‘iddah) applies in the event of divorce or
widowhood.

822 The customary dowry [a woman of her standing would receive] is
determined according to the dowries of women relatives of the bride from the
father’s side.

823 They could be from a different financial background where the dowries
which they receive may not match the financial status of her father’s family.
824 These are the categories of comparison in determining the dowry of the
bride.

825 When someone is currently married to a free woman, he may not marry
a Slave-woman.

826 In comparison with the last issue, when someone is already married to a
slave-woman, he may marry a free woman.

827 The maximum number of women that a free man is allowed to be
married to simultaneously is four.

828 The option is whether to remain in that marriage or not.

829 The marriage is binding upon her.

830 The marriage is valid and binding.

831 The man is not able to retract the divorce in order to reclaim her, even if
he regains potency after that, although he would be allowed to propose
marriage to her again.

832 The separation begins after the cessation of the third menstrual period.
833 The offer of Islam to the husband lasts until the end of the third
menstrual period, at the end of which the couple is separated in a final
divorce.

834 He is not to marry any woman on account of his apostasy.

835 He is Muslim.

836 One of the People of the Book is closer to the natural religion of Islam
than the Magian would be.

837 With respect to the marriage of a non-Muslim, if he marries according to
the rites and rituals of his own religion, which may be forbidden in Islam, and
then the couple convert to Islam, they are not required to repeal their
marriage and remarry; their marriage is maintained and acknowledged. This
case would have seen a prohibition in Islam due to the issuance of the
marriage and its preconditions whereas its continuity shall not come into
question.

838 As against the previous case, the continuity of this marriage would see a
prohibition on account of the forbidden category of women coming into
question.

839 During travel, all wives are treated with equal apportionment,
irrespective of whether one is a slave-woman or a free woman. The husband
may choose whichever of the two he may to travel with him and there is no
2:1 ratio in this respect.

840 The ruling of suckling is that it prohibits marriage between those
suckled by the same woman, and the quantity of the suckling is immaterial.
841 Two and a half years.

842 Abu Yusuf and Muhammad.

843 Twenty-four months.

844 The natural period of suckling has elapsed and whatever follows is not
taken into account.

845 Relationship due to suckling is, legally, the same as blood relationship,
with respect to marriage. The suckling mother, her daughter, her other
breastfed minors, be they her own or not, are forbidden for the suckled male
to marry.

846 If a woman gains milk in her breasts due to a pregnancy caused by her
husband, and she nurses another’s female child with that milk, the female
child is prohibited for marriage to her husband, due to milk-kinship, and also
to his fathers and his sons.

847 When that sister is from different parents.

848 The brother being from the father’s side.

849 The marrying brother is not related to the foster-brother’s sister in any
way whatsoever, be that by blood, by suckling or by marriage in any form.
850 They were both breastfed by the same woman.

851 When one is male and the other is female.

852 They are her foster brothers against whom the rule of prohibition
applies.

853 The ruling is applied to the predominant aspect of the mixture.

854 Abu Yusuf and Muhammad.

855 The prohibition derives from the milk, irrespective of the method of its
feeding.

856 The ratio is immaterial.

857 This is an exceptional case, and such-like cases are disregarded as rare
and insignificant. The milk which invites prohibition is the milk of the
woman.

858 The same applies to cow’s milk, camel’s milk, dry powdered milk, etc.
The ruling of prohibition does not to apply to any milk other than that of a
human.

859 This marriage is to a minor girl in the age of breastfeeding. It was not
unusual in many parts of the world, including Europe, for very small children
to be married contractually.

860 The relationship of the adult woman with the man becomes like that of a
mother-in-law, and his relationship with that of the minor girl becomes like
that of a foster father, as in the case of ‘sire’s milk’ (laban al-fahl).

861 Women alone are not to testify to prove or disprove a case regarding

suckling.

862 The method preferred by the Prophet Muhammad “@.

863 The method contrary to the sunnah.

864 Does not take her back nor retract the divorce.

865 In what follows the reader will have to distinguish carefully between the
use of ‘revocable’, ‘fnal’ and ‘irrevocable’. If the man wishes to take his wife
back during her waiting period (‘iddah) he ordinarily can do so, and this is
referred to as a revocable divorce. A divorce is fnal, for example, when the
divorced woman’s waiting period (‘iddah) expires and in other cases. But in
many such cases, the man may propose marriage to her again and she may
accept or refuse. However, in cases such as three pronouncements of divorce
at one time, or after three pronouncements of divorce on three separate
occasions, she is irrevocably divorced. They may only remarry after her
marriage to another man, the consummation of that marriage and a
subsequent divorce.

866 This is due to the innovation that he has acted upon.

867 In order to minimise her ‘iddah as much as possible.

868 So that there is no possibility of conception.

869 This refers to non-menstruating women.

870 Keep her as his wife.

871 The express form of pronouncements of divorce produces only one
revocable divorce irrespective of whether he had intended more than that or
he had not even intended a divorce at all.

872 The word used for divorce here is the Arabic noun ‘taldaq’, or ‘al-talaq’.
This would generally mean one divorce, but when it is used for a plural term,
as in three pronouncements of divorce, then they may apply because the
definite noun may refer to the whole genus of an entity, like, ‘the horse’ may
refer to one horse or to the whole genus of horses. The noun, when used with
the intention of three pronouncements of divorce, produces all three
pronouncements of divorce because the maximum number of
pronouncements of divorce is three. It will not, however, produce two
pronouncements of divorce with the intention of two because this word does
not refer to two pronouncements of divorce in the literal sense at all.

873 This includes all figurative forms of speech, such as using metaphors,
similes and indications.

874 For one divorce to take effect, the intention for divorce is sufficient,
whereas, for three pronouncements of divorce to take effect, the intention
must include all three.

875 Divorce only takes place when these words are used in a context of
divorce and the married couple know what the other intends by these words
with reference to the divorce itself.

876 Divorce.

877 Insult and abuse are the primary objectives in a heated quarrel between
spouses. If such wordings are used which do not imply insult or abuse but are
directed towards divorce, then divorce takes effect with such wordings.

878 That which is inseparable from her.

879 Since the mute cannot speak, any form of alternative means may be
applied, which includes writing and all other forms of effective
communication.

880 In this case, the man did not attribute ownership to the house.

881 When the maximum number of pronouncements of divorce have been
exhausted, the previously made condition becomes null and void.

882 This is when ownership is gained, or regained, as the case may be.

883 When the husband does not own the house and the wife enters it, the
condition will have been fulfilled but divorce does not take place.

884 When the menstrual bleeding for that period ceases, her period is
complete.

885 That is when one issues all three pronouncements of divorce in separate
instances.

886 When the husband says, “You are divorced once, once, once,” etc.

887 Abu Yusuf and Muhammad.

888 Marriage is a cause of inheritance. The divorce had not become final
before his death and so she still inherits from him.

889 Contrary to the previous case, due to the lapse of the ‘iddah the divorce
is final and she does not inherit.

890 If he says, “You are divorced thrice, except for three,” all three
pronouncements of divorce take effect, as against the previous two statements
mentioned.

891 The marriage is void.

892 When a master marries his slave-woman to his son, and thereafter, the
master dies, the son inherits the slave-woman into his ownership, thus
acquiring ownership of the slave-woman, his wife. The marriage between the
two becomes invalid and separation occurs.

893 This is approximately fifteen minutes.

894 The bathing not being complete.

895 She may adorn herself as she would for her husband in preparation for
the retraction.

896 Irrevocable divorce.

897 He may not retract the final divorce nor may he remarry her, be it during
the ‘iddah or after its expiry.

898 If an adolescent boy marries the irrevocably divorced woman,
consummates the marriage with her, then divorces her or dies, she is free to
marry her former husband.

899 This is after her husband has irrevocably divorced her.

900 After being divorced, or widowed, by the second husband, and
remarrying the first husband.

901 The two pronouncements of divorce are ignored and the husband
acquires the right of all three pronouncements of divorce again. This also
applies to the issuance of one pronouncement of divorce and three
pronouncements of divorce.

902 The time between her divorce by the first husband and the ending of her
‘iddah after the divorce by her second husband conforms to her statement.
903 This is a vow of continence.

904 These statements refer to the performance of sexual intercourse with her.
905 This is the second final divorce.

906 This is the third and final divorce which is irrevocable.

907 This includes the subsequent divorce, the result of which is to make her
halal for remarriage to her former husband.

908 After the elapse of four months, if such condition exists, no divorce will
be issued, but the husband will be required to expiate or atone for his vow if
he breaks it, which he is recommended to do.

909 Jla’ is aminimum of four months duration.

910 His own wife.

911 The marriage remains intact and, therefore, ila’ is practicable. The
duration of such ila’ extends the duration of the ‘iddah.

912 Sexual intercourse is not practicable since he cannot retract a final
divorce.

913 This is half that of a free woman.

914 Such statement must be verbal and express, though written and
indicative forms may be admissible according to the nature of the case and of
those involved.

915 Such return must be made within the four month period of ila’. Sexual
intercourse, nevertheless, leads to a violation of the vow that must be atoned
for and not the verbal proclamation.

916 Recovery from illness includes the removal or vanishing of any reason
or excuse which prevented sexual intercourse, like minority age, distance,
etc.

917 This property, or wealth, is the consideration paid by the wife to her
husband, in exchange for her freedom from him.

918 The judge will decide about the husband if he demands more as
consideration than the value of the dowry he had given to her.

919 The husband shall receive nothing due to the invalid consideration being
useless to him as it does not constitute wealth (mal). The separation in the
divorce at the instance of the wife (khul‘), however, is valid.

920 As against divorce at the instance of the wife (khul‘), the invalid
consideration in divorce renders it revocable.

921 Contrary to the previous case, the word goods (mal) has been expressly
stated by the wife.

922 The word ‘dirhams’ has been used which is plural, and the plural in
Arabic refers to a minimum of three.

923 Abu Yusuf and Muhammad.

924 The husband demands a thousand, less than which he will not accept,
and taking less than the three pronouncements amounts to less than a
thousand.

925 This includes kissing, touching, fondling and sexual intercourse.

926 The opposites are, left hand and right foot, or right hand and left foot.
927 The umm al-walad is automatically set free on the death of her owner.

928 The condition for this instalment-based emancipation is that the person
who made the injurious comparison (muzahir) does not resume normal
marital affairs prior to the complete emancipation of the slave, which
includes the second half.

929 See previous footnote.

930 In this month, all fasts are obligatory, hence, no expiatory or
Supererogatory fasts are permitted.

931 These are the days in which fasting is prohibited due to their unique
sanctity.

932 This includes an undue breaking of the fast, which invalidates it, as well
as its Omission.

933 The two months of expiation.

934 If he has fasted a month and a half then misses one day of fasting, he is
required to restart the two months from the first day.

935 This is irrespective of whether he feeds him according to his
requirement only, or whether he gives him that which is enough for sixty
needy people.

936 For any act that is prohibited due to the commission of the offence of
unlawful injurious comparison, such as kissing, touching, fondling and sexual
intercourse.

937 These qualities are: Muslim, sane, major and free, and not having been
suilty of unsubstantiated accusations of sexual impropriety.

938 I.e. to swear four oaths that he is truthful and then to call the curse of
Allah on himself if he is lying.

939 The hadd punishment is applied to him if he makes an admission of his
own false accusation. The hadd punishment for making unsubstantiated
accusations of sexual infidelity (qadhf) is applied in such a case, and that is
eighty lashes.

940 She swears four oaths that he is lying and that the anger of Allah is on
her if he is truthful.

941 The husband.

942 Her acknowledgement of him proves the offence of adultery (zind)
against her, which makes her punishable with the hadd punishment for
adultery.

943 The husband is eternally prohibited to remarry her.

944 When the husband refuses to accept paternity of the child, such a refusal
is an accusation of adultery against his own wife. The judge legally severs all
ties between the child and the husband of its mother, and he surrenders the
child into the custody of its mother alone.

945 When he goes back on the accusation of adultery which he had made
against his wife.

946 This applies when the fact of the pregnancy is not established by way of
factual scientific evidence, otherwise, the following issue is to be borne in
mind.

947 This is forty days.

948 Due to his unsubstantiated accusation of adultery against his wife.

949 Give birth to the baby.

950 A half of that of the free woman.

951 When Mr. A divorces Mrs. A, and the former then dies soon afterwards,
Mrs. A inherits Mr. A and her ‘iddah is the longer of the two periods, that is,
the period of four months and ten days, or the period of three menstrual
cycles.

952 Knowledge of her ‘iddah is not a requirement for it to be valid, hence, if
the ‘iddah passes without her knowledge of it, it officially is deemed to have
passed, as it would have in the cases of the divorcee or widow who do have
such knowledge.

953 If both spouses of an invalid marriage are separated, such separation
amounts to divorce, and the woman begins her ‘iddah at the instant of
separation. If, however, they are not separated, but the husband resolves not
to have sexual intercourse with her any longer, the ‘iddah of the wife begins,
in this case, at the instant of the resolve.

954 This includes the condition of sanity.

955 Mourning is incumbent.

956 All modes of beautification are to be avoided, such as make-up,
prettified clothing and jewellery, etc.

957 ...or death of the husband.

958 When the other heirs do not help her by providing her with portions
from their own shares.

959 She is to observe the ‘iddah from the beginning.

960 The establishment of the paternity refers to its descent from the husband
of its mother, unless otherwise stated.

961 The child must be born within two years from the death of the husband
of its mother.

962 The child being born more than ten months after the beginning of the
‘iddah.

963 Ample proof is required to link the paternity of a child to its bona fide
father when the child is born after its mother has been widowed or divorced.
Visible signs of pregnancy, quorum of testimony and confession are the
methods that may be employed in such a case.

964 If the pregnancy is evident then the testimony of witnesses is not
required.

965 If, in the case of divorce, the husband acknowledges the paternity of the
child, and in the case of the death of the husband, the deceased husband’s
heirs acknowledge the same.

966 That is when the wife had told the woman of the conception resulting
from sexual intercourse with her husband.

967 She is free to act according to the procedures and regulations as set out
within her own religion.

968 The widow is not entitled to maintenance due to the inheritance that she
will receive.

969 For example, when she indulges in adultery, or she leaves the fold of
Islam, etc.

970 It is immaterial whether the divorce is of a revocable or of an
irrevocable nature.

971 This refers to sexual enticement and seduction as well as physical
empowerment and control.

972 She may borrow money or take goods on his account and he is liable for
their repayment.

973 If the husband was poor, and he was paying her fifty dirhams per week
as maintenance, and now he has become wealthy, the woman may dispute
this with him and the judge subsequently raises her maintenance payment
from fifty dirhams per week to whatever amount he sees fit regarding the

current improved financial circumstances of the man and the current essential
requirements of the wife.

974 If the husband does not pay the maintenance for a period of time, the
judge may prescribe it for her, or she makes an agreement with the husband
regarding its current amount, and the judge subsequently adjudicates the past
payments with respect to the amount agreed upon between the spouses.

975 If the husband paid her for twelve months in advance and he died after
eight months, she is to repay for the four months that remain.

976 The wet nurse.

977 The husband is only obliged to pay the amount that was agreed upon
between the two and any further demand need not be entertained.

978 Full maternal aunts (the mother’s full sisters) have more right than the
mother’s uterine sister, followed by the mother’s consanguine sister.

979 The priority of custodianship is determined in the same manner as that
of the sisters and the aunts. Full paternal uncles (the father’s full brothers)
have more right than the father’s uterine brother, followed by the father’s
consanguine brother.

980 The setting free of the slave-woman and the mother of her master’s child
(umm al-walad) renders both of them free women in matters pertaining to the
custody of the respective child.

981 This includes all physically and mentally disabled persons who are
unable to earn a living for themselves.

982 Manumitting slaves.

983 These words or statements are generally used for emancipation and
manumission, therefore, the intention is immaterial.

984 For example, if the master is black but the slave is caucasian.

985 One may not own an un-marriageable relative (dhu rahm mahram) as a
Slave.

986 If the master frees a quarter of his own slave saying, “You are 25%
free,” the slave now belongs to his master at 75% of his original self. He shall
work for that value of his.

987 Abu Yusuf and Muhammad.

988 When each states that the other has set his share of the slave free.

989 Abu Yusuf and Muhammad.

990 Where the master is the father.

991 Where the slave is the father.

992 Transfer of ownership of the slave is not allowed either.

993 If the master leaves behind three thousand dirhams worth of property as
inheritance, and the slave is worth less than one thousand dirhams, which is
one-third of the total value of the property, he is free. If he is worth more than
one thousand dirhams, then whatever of excess he is worth over the third, he
works for that amount and pays it to the heirs before he may be set free.

994 If the master leaves behind nothing as inheritance other than the slave,
the slave works for the amount of two-thirds of his own value and pays it to
the heirs before he may be set free.

995 He may not give her away either.

996 The acknowledgement of the first child.

997 Unlike the slave who is to be set free on the death of his master
(mudabbar) who is set free from the third of the property if it can be
extracted from it, the mother of the master’s child (umm al-walad) is set free
irrespective of the amount of the inheritance left behind by the master. If she
was the sole property of the master, and thus, the only inheritance, she is,
nevertheless, set free.

998 The compensatory dowry (‘ugr) is what is paid to a woman in place of a
dowry when sexual intercourse has been had with her due to some ambiguity.
999 Neither receives from the other.

1000 Half from each partner.

1001 Upon his death, whatever the son leaves behind as inheritance, the
inheritance share of one father is divided between the partners.

1002 The contract, or act of entering the contract, is known as kitabah.

1003 The feminine for mukatab is mukatabah.

1004 The offer of the contract of kitabah, i.e. the contract to purchase his
own freedom, is made by the master to his slave, or slave-woman, with the
consideration of payment of anything with financial value from the slave or
sSlave-woman to the master, in order to secure his or her freedom. The
contract is concluded with the acceptance of the offer by the slave or the
Slave-woman, as the case may be.

1005 The master rendering anyone into a slave who has contracted to

purchase his freedom (mukatab) refers to him entering into a contract of
kitabah with that slave or slave-woman.

1006 The slave who contracts to purchase his or her freedom is treated as a
free person, so that crimes against their person are subject to judicial
retaliation or compensatory payment.

1007 The master is irrelevant with regards to the property of his slave and
slave-woman who have contracted to purchase their freedom, hence the
repayment of its value to them.

1008 Those dhu rahm mahram relatives who have no relationship of birth to
one include siblings, siblings of parents, children of siblings etc, whereas
those who do have a relationship of birth include parents, grandparents —
howsoever high, and children, grandchildren — howsoever low.

1009 He is legally declared free just before his death took place.

1010 Initially, his property is used to dispose of the debts that have accrued
on him, including the amount that he owes his master due to the contract to
purchase his freedom. Then whatever remains is distributed amongst his heirs
as inheritance.

1011 The slave who has contracted to purchase his freedom (mukatab),
though set free, must work for the value of whatever he has given in
consideration of the contract and he is to surrender that to the master.
Whatever amount he pays to the master must not fall below the value of the
article which he has surrendered.

1012 Both slaves must agree to this offer of contract, otherwise it is not
binding.

1013 The amount of one thousand dirhams is due from both of the slaves
who have contracted to purchase their freedom jointly; if one pays all of it, or
both of them pay equal or unequal amounts, it suffices.

1014 The umm al-walad becomes free on the death of her master in any
case.

1015 Wald’ involves the master becoming one of the heirs of the slave, and
standing responsibility for any compensatory payments he might become due
for causing damage, injury or even homicide.

1016 Wala’ includes the master becoming an heir of the former slave and
being responsible for compensatory payments he might incur for damage,
injury or homocide.

1017 The inheritance of the freed slave is to be divided amongst his male
consanguine relatives.

1018 In the absence of ‘asabah, the inheritance of the freed slave goes to the
one who freed him.

1019 Related to each other as uncle and nephews/nieces.

1020 The master (mawla) here can also be the man with whom the treaty of
clientage (wala’) has been made in the previous paragraph.

1021 Standing legal responsibility denotes practical liability for the slave, or
the freed slave or the man who accepted Islam and voluntarily entered into a
contract of clientage.

1022 As mentioned above, the treaty of clientage can only be made between
the master who sets the slave free and his slave, and between the man who
accepts Islam and takes the person who accepted him into Islam as his master
(mawila). But this paragraph refers to the first instance of the freed slave.

1023 Like the parts of the human body, etc. All weapons or potential
weapons are those instruments that would normally cause the death of a
person.

1024 Abu Yusuf and Muhammad.

1025 See Chapter of Ma‘agil — Payers of Diyat/The Legally Responsible
Group. The ‘agilah are the body of male paternal relatives (agnates) who are
legally responsible with the killer to pay the compensation. In certain
circumstances it includes the men of the diwan register of soldiers.

1026 This includes mentally or physically disabled.

1027 A, the father of B kills his own father-in-law, who is the maternal
grandfather of B. The mother of B dies and so B inherits the right of
retaliation against his own father, A. This right of retaliation is automatically
waived due to fatherly sanctity; the son cannot exact retaliation against his
own father.

1028 This is irrespective of the instrument of offence and the manner and the
method of the offence committed, but some scholars take the position that
contemporary means of exacting retaliation are justified with regards to the

objective sought.

1029 i.e. because he is still a slave and the master has the right of retaliation.

1030 Both, the pledgor and the pledgee must be present in person as well as
give legal consent in order to carry out the necessary directives.

1031 The word ‘sahib al-firash’ can be used for one who is bedridden or
crippled due to an injury or illness which is potentially fatal.

1032 This is the cartilage of the septum.

1033 Whoever amputates or severs either of these parts of another, the same
amputation is carried out against him in that respective part, e.g. a hand for a
hand, a foot for a foot, an ear for an ear, etc.

1034 This includes glass.

1035 The term quasi-intentional (shibh al-‘amd) is only to be applied when a
loss of life occurs. In injuries, this term does not apply, and an injury may
either be intentional or unintentional but not quasi-intentional.

1036 The victim of criminal amputation.

1037 The offender.

1038 One reason may be that the head of the victim may be relatively
smaller than that of the offender, and so a wound of similar size would not
reach from one side to the other.

1039 The glans penis.

1040 The offender can only be killed once, and there is no question of
compounding or negotiation.

1041 The first man is treated as a victim of intentional homicide (gatl
al-‘amd) and the second is treated as a victim of unintentional homicide (gatl
al-khata’).

1042 The expiation for unintentional homicide is to free a believing slave or,
if unable, to fast two consecutive months (Strat an-Nisa’ 4:92).

1043 Abu Yusuf and Muhammad.

1044 A set of clothing is ordinarily an izar, a waist-wrapper garment for the
lower half of the body, and a rida’ or outer wrap for the upper half of the
body. Ed.

1045 The value of a Muslim and of a non-Muslim living under Muslim
governance (dhimmi), is the same with regards to offences committed against
his life or against his body.

1046 They are to be treated as organs of which there is only one if the
offence extends to both of them.

1047 If the offence has only affected one of the pair, then there is payment of
a half of the compensatory payment (diyah).

1048 These are the phalanges of the fingers and thumbs.

1049 The thumbs.

1050 This also includes the canines.

1051 Someone who is a just and knowledgeable person of an upright and
noble character.

1052 A twentieth, or five percent, of the [full] compensatory payment.

1053 This amounts to a total of fifteen percent.

1054 One from either side.

1055 The indemnity of mudihah is not a full diyah, but when its impact
results in the permanent hair loss of the victim, or the loss of his intellect, the
compensatory particular shall be a full diyah because the loss of intellect
could render the limbs useless.

1056 This compensatory payment (diyah) is for the senses of hearing, sight
and speech, as the case may be, as against the previous issue where a full
compensatory payment applies.

1057 It is not from the responsible group (‘agilah).

1058 This is the maximum time limit given.

1059 This is when both are intended to be within the walls of the property.
1060 If such is undertaken in the private property of another person.

1061 If the slave is worth one thousand dirhams and the compensation (arsh)
for the offence committed is eight hundred dirhams, the master is liable to
pay the lesser, which is eight hundred dirhams. Similarly, if the compensation
for the offence committed is twelve hundred dirhams, then the master is
liable to pay one thousand dirhams, which is the value of the slave and the
lesser amount of the two.

1062 This includes two pedestrians, drivers, cyclists, etc. colliding with one
another.

1063 9990 dirhams.

1064 4990 dirhams.

1065 4995 dirhams.

1066 This includes any legally responsible person.

1067 One twentieth, or five percent.

1068 In this case, though the offender is absolved of any liability towards the
stillborn, he is, however, liable to pay the compensatory payment (diyah) for
causing the death of the woman.

1069 The compensation, i.e. ghurrah, is paid to the inheritors of the foetus.
1070 One twentieth, or five percent.

1071 The people of the locality are required to make compensatory payment
(diyah).

1072 These are the categories of people from whom the oath is not taken.
1073 Of wrongful death, like killing.

1074 If landlords are available, and they live in the locality, then they take
part in the gasamah and not the tenants.

1075 Not people who bought those lands from the aAl al-khittah.

1076 The word ‘Euphrates’ here is purely hypothetical and includes any
river, Canal, stream, natural or artificial.

1077 This excludes the compensatory payment (diyah) to be paid due to
compounding or negotiated settlement, etc.

1078 This applies to military personnel only.

1079 The daniq, also pronounced danagq, is a sixth of a dirham. Ed.

1080 He pays an amount equal to whatever each of the others pay.

1081 This is the free man who has accepted Islam and who takes the person
from whom he accepted Islam as his mawla.

1082 One twentieth, or five percent.

1083 If the total liability is less than the value of five percent of a full
compensatory payment, it is taken from the property of the offender and the
legally responsible group are not obliged in any way.

1084 If they all agree to its payment.

1085 These limits are those fixed in the revealed Islamic legal texts.

1086 The term zind denotes all categories of sexual misconduct such as
fornication, adultery and rape i.e. the rape of the offender, not that of his
victim.

1087 It is legally proven, and thereby established, by either of the two
methods.

1088 This is the quorum that must be satisfied in order to establish legal
evidence of zind.

1089 The witnesses are to be investigated regarding their reputation, their
moral and social stature as well as their mental stability, etc., in their private
as well as in their public lives, thus to ensure the strength of their evidence.
1090 The confession is to be made four times, in four separate sessions, each
session being held specifically for the confession of the offence of unlawful
sexual intercourse.

1091 The muhsan is someone, male or female (muhsanah), who is married
or has been married at some point, in a marriage that was consummated. Ed.
1092 The funeral prayer is performed over him.

1093 The punishment and its procedure is the same for men and women.
1094. The woman is to remain clothed but the fur and padding in her
garments, if any, are removed so that the impact of the strokes is not
diminished.

1095 The ditch, or trench, may be up to chest height.

1096 All four witnesses are subjected to the hadd punishment because the
required number of witnesses has not been reached, and therefore, this
amounts to unsubstantiated accusations of unlawful sexual intercourse.

1097 See previous footnote.

1098 These are the qualifications of a muhsan with respect to the offence of
unlawful sexual intercourse. The qualifications of a muhsanah are the same.
1099 Only one form of punishment or the other will be applied.

1100 That is when he is muhsan.

1101 Delivers means that she delivers the baby, aborts it or miscarries it,
each resulting in her losing her status as somone who is pregnant.

1102 The hadd punishment may be applied to her when she is in her
postnatal bleeding period.

1103 Lashing is delayed.

1104 They were close enough and possessed the capacity to testify before
the leader (Imam).

1105 This exception stands due to the rights of the people (huqug al-‘ibad)
being of immediate concern.

1106 Ta‘zir is a discretionary punishment for an offence for which there is

no hadd punishment, the purpose of which is to disgrace the offender for
what he has done. It is not explicitly defined in the Qur’an or the Sunnah, but
defined by juristic deduction from Islamic evidence. In the Hanafi school it
may not exceed a half of the hadd punishment.

1107 This is according to Abu Hanifah, may Allah have mercy on him.
According to Abu Yusuf and Muhammad, may Allah have mercy on them,
he is subject to the hadd punishment.

1108 Fellatio, cunnilingus and sodomy/anal intercourse.

1109 Homosexual sodomy.

1110 Abu Yusuf and Muhammad.

1111 Bestiality.

1112 The territory of those who rebel against the lawful ruler.

1113 The offender should be in the state of intoxication to qualify for the
hadd punishment.

1114 One charged with the willful consumption of wine or any other
alcoholic or intoxicating substance is not punished whilst he, or she, is under
the influence of that substance. The punishment may only be carried out after
the effects of the substance have worn off.

1115 Who accuses another of unlawful sexual intercourse without
substantiation.

1116 Ihsan in the case of the person to be stoned to death in the case of
unlawful sexual intercourse and ihsdn with respect to the character of the
person against whom unsubstantiated accusations of unlawful sexual
intercourse are made, share the first four points.

1117 Someone directly affected by such an allegation has the right to
demand the hadd punishment for unsubstantiated accusations of unlawful
sexual intercourse made against someone who is dead, such as the child of
the deceased father or mother.

1118 Md’ as-Samd’ was a woman who was the progenitor of a Yemeni tribe.
The point being that the slanderer insinuated that the Arab was not descended
from whom he claimed. Ed.

1119 If the woman has been accused of unlawful sexual intercourse because
She has given birth to a child not belonging to her husband, then in such a
case her accuser is not subjected to the hadd punishment, and likewise, if she

bears a child whilst not being married.

1120 This is for all present and future legal proceedings, where his testimony
will never be accepted.

1121 Contrary to the previous case, this is a new beginning for the new
Muslim whose previous sins have been forgiven because of his acceptance of
Islam.

1122 Madrubah: that which is in the form of minted coinage. It refers to any
form of money, be it coins, paper or otherwise.

1123 This refers to the ruling being obligatory.

1124 This includes decoration with gold, silver and gems on it.

1125 This includes all games of chance and those wherein dice and playing
cards, are used.

1126 Files of genuine value that could be the subject of the hadd punishment
of amputation include all files of personal and sensitive data from whose theft
the aggrieved individual, or group, could suffer financial loss. It is possible
that ‘identity theft’? would be included under this ruling.

1127 If A steals some property from B in which A himself has a share, A is
not subject to amputation.

1128 In such a case, the offender is imprisoned.

1129 The alteration occurs when the woven thread is woven into a garment,
cloth or other form of material.

1130 Lit: cut or intercept the path.

1131 Alternate hands and feet are the right hand and the left foot.

1132 They are subjected to the hadd punishment for the crime of murder.
1133 The heirs of the victim have no right to award the culprits forgiveness
due to this act of banditry being contravention of a right of Allah rather than a
right of people.

1134 This is because a hadd punishment of this nature cannot be applied to a
minor, someone who is insane or an un-matriageable relative (dhu rahm
mahram) of the victim.

1135 This is a collective punishment due to the collective nature of their
crime.

1136 This is the process whereby the juice, mixed with other ingredients,
causes a chemical reaction to produce wine or other alcoholic drinks.

1137 During the process of fermentation, the wine is stored at temperatures
between 60 and 90 degrees Fahrenheit (16-32 Centigrade) for red wine and
50 to 60 degrees Fahrenheit (10-16 Centigrade) for white wine. At this point,
it froths vigorously, producing alcohol from the sugar and giving off a
distinct odour.

1138 Without involving cooking, boiling or other forms of manipulation.
1139 Boiling or cooking juice until most of it has evaporated and one-third
or less of it remains renders it lawful, but if more than two-thirds remains it is
not lawful.

1140 This is when it ferments and bubbles.

1141 When the mead (nabidh) of dates and raisins is partly-cooked, even to
a boil, but not completely fermented or producing an intoxicating beverage,
and one drinks from it without intending to derive amusement or pleasure
from it, thinking that it will not intoxicate, then such mead is permissible.
1142 This is subject to neither of the drinks being an intoxicant.

1143 Durra— dhurah — is a type of sorghum or millet.

1144 Cooking is when the pot comes to a boil.

1145 This includes any large feline predator which is trained for hunting
purposes.

1146 When the dog has hunted three times and each time it has refrained
from eating anything of its kill.

1147 If the game dies whilst the hunter could have slaughtered it, it is not
lawful for consumption.

1148 These situations are not to do with shooting the animal but the death of
the animal caused by drowning or falling from a height. Ed.

1149 This is like killing an animal by hitting it with a stick, or bludgeoning
an animal with a large blunt object.

1150 This is subject to lawful slaughter.

1151 This includes bullets, stones and other missiles which do not cut
through the animal making an incision, like a knife, blade or arrowhead
would, but rather push through the object.

1152 When two-thirds of the hunted animal is connected to the posterior and
a third or less is connected to the head.

1153 Contrary to the previous issue, the larger portion being the portion

attached to the head is lawful but not the whole animal.

1154 It would be taken out of the boundary of prohibition and rendered
lawfully edible if it was injured to such an extent that it died of the wound,
otherwise its death would be considered one of natural causes, which would
consequently prohibit it for human consumption.

1155 From a legal stance, such a hunted animal is not legally edible when
the first hunter had enfeebled it and could have slaughtered it, thereby
rendering it lawful. The second hunter, in this case, has destroyed the lawful
edible nature of the game by his firing the arrow and killing it when the first
hunter had already weakened it.

1156 If the game was worth one hundred dirhams, and the second hunter had
Shot the arrow wounding it in such a way that its value has diminished twenty
dirhams, the latter pays the former eighty dirhams.

1157 The animal slaughtered by a person of the People of the Book (kitabi)
is only sought if one slaughtered by a Muslim is not available.

1158 It is treated as carrion and is not lawfully consumable.

1159 Med: pharynx.

1160 Med: clavicle.

1161 Med: trachea.

1162 Med: oesophagus.

1163 They are the interior jugular vein and the exterior jugular vein.

1164 Abu Yusuf and Muhammad.

1165 These are teeth and nails that are yet unsevered and physically attached
to a body.

1166 This is one that has been domesticated.

1167 This is when the livestock animal has been released or has escaped into
the wild. If the animal is pierced by an arrow or stabbed or wounded by a
blade and bleeds to death it is lawful to eat.

1168 Nahr is to stab into the jugular vein of an animal, e.g. the camel. Ed.
1169 This includes the jackdaw; it is not a bird of prey, does not eat filth but
relies on vegetation.

1170 This includes the carrion crow, which is a bird of prey. The raven,
rook, carrion crow, hooded crow and magpie are all carnivorous, and all eat
carrion, SO are comprised under the term ‘speckled crow’.

1171 This is due to its sanctity.

1172 This is due to its unclean nature, i.e. it is najis.

1173 ‘Id al-Adha, the tenth day of Dhu’1-Hijjah.

1174 Thani: a five-year old camel, two-year old bovine animal or one-year
old sheep or goat.

1175 Jadha‘: a lamb of six months and over. In this case, it is a condition
that such a lamb be physically large enough not to resemble that which is
younger than six months.

1176 i.e. one should donate at least a third of the meat.

1177 In this example, the Divine name terminates with a kasrah vowel
“Allahi” indicating the oath.

1178 The slave may be Muslim, non-Muslim, male, female, major or minor.
1179 That is a half sa‘ of wheat, one sa‘ of dates, one sa‘ of barley or the
value thereof, for each destitute person.

1180 The breach of the oath must take place before one may be rendered
suilty and thereby required to pay the penalty. The advancement of the
penalty, irrespective of its form or method, is not acceptable as it holds no
expiatory value.

1181 Though the oath has been made, the purpose of the oath is illegal
and/or immoral, and he must not carry it out. His inability to carry out his
oath places him in direct violation of it, for which he must pay expiation.
1182 A house (dar) in this regard is one built of walls, ceiling, etc.

1183 In contrast to the previous issue, a home (bayt) differs from a house
where the latter is a purpose built dwelling, irrespective of whether it is
inhabited or not, whereas a home is one that is inhabited, be it made of mortar
and bricks, of wood, of boxes, of rags, of leaves or of anything that may or
may not serve the purpose of an abode.

1184 He swears not to drink from the ‘Tigris’.

1185 He swears not to drink from the ‘water’ of the Tigris.

1186 The transfer, removal or death of the governor releases the halif from
his oath and he is not liable to the succeeding governor.

1187 As in the previous issue, it does not include the onions, potatoes, etc. of
the complete dish.

1188 Rice bread is not customarily eaten in Iraq.

1189 Anything upon the bed which does not alter the basic condition of the
bed itself may fall under this case, such as an extra mattress over the original
mattress, an extra duvet, bedspreads, throws, under-blankets, over-blankets,
an electric underlay, etc.

1190 The bed on top is not the same bed as the one in the oath.

1191 Irrespective of whatever his oath may be, the words ‘in sha’ Allah’
revoke the oath if said together with, and as part of, the oath.

1192 Capacity refers to someone’s possibility of travel, its affordability
financially, the risk involved, safety and time-keeping.

1193 Seven days.

1194 It may also be called ‘tea’, and if a major meal, ‘dinner’.

1195 In the near future.

1196 He must repay the debt within the space of one month.

1197 He may take longer than a month to repay the debt.

1198 These are acts that are humanly impossible, i.e. which cannot be
accomplished.

1199 Today.

1200 This is when he vows not to take repayment of the debt owed him by
another in dirhams separately, or in instalments.

1201 A repays his debt to B, which is twenty kg of rice, in two separate bags
of seven kg and thirteen kg each. B weighs both bags separately and does not
do anything else between the two weighings. This is considered as one lump
Sum without separation.

The weighings may exceed two, and so long as the person swearing the
oath does not perform any act between any of the weighings, the transaction
is considered to be a single one and there is no violation of the oath thereby.
1202 If the defendant refuses to take the oath, the plaintiff is not asked to
take it.

1203 When someone claims to own land that is in his possession but does
not provide sufficient evidence about his ownership, such insufficient
evidence is not admissible.

1204 When A claims to have married a woman and she refuses to
acknowledge it, or vice versa.

1205 When the husband issues a revocable divorce, and after the lapse of the

divorcée’s ‘iddah, he claims to have revoked the divorce within the ‘iddah,
but she denies it, or vice versa.

1206 When A, the man who had vowed to abstain from sexual intercourse
with his wife for a period of four months or more (muli) claims to have
revoked the vow of ila’ within its term and his wife denies it, or vice versa.
1207 When A claims an unknown person to be his slave and the latter denies
it.

1208 When a slave-woman claims to be the umm al-walad of A, and that
such-and-such a child of hers is from him, and A denies it.

1209 When A claims to be the father of B and B denies it.

1210 When A claims to have clientage (wala’) over B and the latter denies
it.

1211 When A accuses B of violating an injunction culpable under hudud
laws.

1212 When B, the wife of A, alleges that A has accused her of an act, the
accusation of which may be dealt with under /i‘an, and A denies it.

1213 Imams Abu Yusuf and Muhammad.

1214 The item is divided equally between the two parties in a reasonable
manner.

1215 He may sell his own half share of the slave to the other party or buy the
other party’s half share.

1216 If he gives them co-ownership, a half each.

1217 This is the date of purchase or of ownership acquired otherwise.

1218 The party which claims to have bought the slave on the earlier date of
the two has a greater right to his ownership.

1219 The slave, i.e. that he was given to her as dowry.

1220 In contrast to the previous cases, this one deals with two claimants to
the ownership of one and the same object, with neither of them having
possession. If both claimants furnish evidence of its ownership together with
their respective dates of acquiring that object then the claimant with the
earlier date has more legal right to it.

1221 The item is half and half between them both.

1222 The word used here is nitaj (produce) which refers to an animal’s
offspring.

1223 It takes place only once, such as the birth of offspring, the weaving of
yarn, the growing of a certain crop at a certain time, etc. In cases like these,
the person who has possession has a legitimate right to retain possession and,
with that, ownership of the object in question.

1224 The phrase used is tahatur al-bayyinat (mutual contradiction of
evidence) which is a legal term in Islamic Law, similar to ‘rebuttal’ in
Common Law, whereby the two pieces of evidence cancel each other out.
1225 The possessor retains possession and acquires ownership.

1226 The quantum of testimony in such cases is two male witnesses, or one
male witness with two female witnesses; any number of witnesses in excess
of these has no legal effect upon the weight of the evidence.

1227 e.g. for bodily harm.

1228 See Chapter of Kafalah — Surety.

1229 The same person from whom the plaintiff had purchased the item.

1230 i.e. the person made to swear the oath is not required to do so on pain
of divorcing his wife or freeing a slave.

1231 Like Friday, the month of Ramadan, etc.

1232 Like within the Sanctuary of Makkah, inside a masjid, etc.

1233 Abu Yusuf and Muhammad.

1234 Two-thirds for the one who claims the whole building and a third share
for the one who claims a half.

1235 Immediate payment or on credit.

1236 When the buyer claims to have bought the goods upon stipulation that
he has the option of cancellation and the seller denies that.

1237 When the buyer claims to have paid a portion of the total price and the
seller denies it.

1238 After the buyer has taken possession of it.

1239 Whilst in the possession of the buyer.

1240 The living slave is returned to the seller and the price of the perished
Slave is paid to the seller by the buyer according to the amount agreed by the
latter.

1241 She is entitled to the customary dowry [a woman of her standing would
receive].

1242 The hireling and the employer.

1243 The contract of lease (ijarah) is rescinded by the repayments. For
example, A, the employer, asks B, the hireling, to build a house for him. A
claims to have agreed to pay 50,000 dirhams for the construction work,
whereas B claims that the agreement was made for 70,000 dirhams. If the
work has yet not begun, then both parties are made to swear oaths and
mutually rescind the contract. All equipment is returned to the original
provider, and any advance payment, if made, is returned.

1244 The employer takes an oath in order for his statement to be reliable.
Contrary to the previous issue, after the completion of the house, the claim of
A, with his oath, is weightier.

1245 The statement of the slave who has contracted to buy his freedom,
together with his oath, is the more reliable statement of the two.

1246 Abu Yusuf and Muhammad.

1247 A, the wife of B dies, and the heirs of A dispute with B with regards to
the inheritance of the household goods. The heirs of A are entitled to those
household goods which are exclusively of use to women. B may retain all
household goods which are exclusively of use to men and also those that are
of use to both men and women.

1248 Or her heirs, as the case may be.

1249 Or his heirs, as the case may be.

1250 A, the seller of the slave-woman, claims to be the father of her child
whom she bore between six months and two years after her sale to B the new
master; the claim of A is void. It is an exception to this case if B verifies that
he himself has had no sexual contact with the slave-woman and that the
father of the child is in fact A.

1251 Abu Yusuf and Muhammad.

1252 The seller takes possession of the child, and therefore is liable to return
the share of the child only.

1253 That is, if the paternity of either twin is established, then both twins are
his.

1254 These include defamation, theft, intoxication, etc.

1255 The testimony of two women is better, but one is also acceptable.

1256 The qualification for one to be a credible witness in the court.

1257 Such as, “I testify...,” or “I bear witness....”

1258 The credibility and legal qualifications of the witness is verified and
proven before he is allowed to testify in such cases.

1259 The ruling of testimony is established when the witness is permitted to
testify.

1260 Whatever is in question.

1261 This may include any piece of writing, handwritten or otherwise, from
signatures, letters, notes or mere scribbles.

1262 ‘Testimony is based on memory and not written records. The written
record is acceptable only if it has not changed hands and remains in the
possession of the original issuer at all times so as to dispel all doubts of its
possible editing.

1263 Someone who intentionally remains intoxicated for sheer fun and
amusement.

1264 Such as pigeon-racing, fighting cockerels, quails and grouse. Other
forms of non-beneficial sports involving animals or other things may be
comprised in this category.

1265 Public baths, swimming pools, spas and springs are all included.

1266 All acts of gambling are included. Betting on the outcome of sporting
events and games, casino-based and internet-based gambling are also
forbidden.

1267 They are those who do not follow the beliefs of the Ahl as-Sunnah.
These include the Jabariyyah, the Qadariyyah, the Rawdfidah (Shi‘ah), the
Khawari, the Mu ‘attilah and the Mushabbihah.

1268 A sub-sect of the Rawadfidah.

1269 Because of the discrepancy between their evidence. Ed.

1270 i.e. that they agree on one thousand but do not agree on two thousand,
so the lesser sum is accepted. Ed.

1271 Having decided upon the first testimony, the second testimony is not
entertained.

1272 As an exception to the case in question, this refers to rights of the
Creator (huqug Allah) and rights of the creation (huqug al-‘ibad). A claim by
the defendant of disparagement or negation of the plaintiff’s witnesses will
not stand unless it refers to the infringement of a right against the creation or

against Allah # and not of a mere wrong committed by the witness against

oneself.

1273 He is the witness to the original event in question and has firsthand
knowledge of what occurred.

1274 He is the witness to the testimony of the witness of the source.

1275 The shuhud al-asl — the judge investigates their character and other
relevant aspects pertaining to their testimony in the pending litigation.

1276 Abu Yusuf and Muhammad.

1277 The word used is mashhud ‘alayhi, meaning the person against whom
testimony is made.

1278 The non-retracting witness is not liable for anything.

1279 That would make two witnesses out of three retracting their testimony
together.

1280 The minimum quantum of witnesses is still intact - one man and two
women.

1281 A ninth woman.

1282 The remainder of the witnesses are one man and one woman. The two
women correspond to one man, so that the right divides in two halves, one for
the man and one for the two women. The retracting women are thus together
liable for one-quarter.

1283 Abu Yusuf and Muhammad.

1284 This is the remainder of the amount less than the customary dowry
(mahr al-mithl).

1285 This is the reasonable value of the respective item.

1286 That the husband divorced her after consummation of the marriage.
1287 The quality of being muhsan, i.e. being, or having been, married and
having consummated the marriage.

1288 If it is established that one or both of those engaged in unlawful sexual
intercourse was married or had been married, and the unlawful sexual
intercourse was witnessed by four acceptable witnesses then the sentence is
stoning. If the testimony that one or both of those engaged in unlawful sexual
intercourse was matried or had been married is withdrawn then the sentence
becomes flogging.

1289 A muzakki is someone who declares another worthy to be a witness.
See below.

1290 Tazkiyat ash-shuhud — verification that the said persons are worthy to
be witnesses.

1291 If the person retracts his testimony, after declaring a witness to be
honest and acceptable to testify in the court, he is held liable for the relevant
actions and its consequences.

1292 A and B, two witnesses, testify that Z swore an oath that his wife Y
would be divorced if she did a particular act. C and D, two other witnesses,
testify that Y did do that particular act. Consequently, Y is divorced. later, all
the witnesses, A, B, C, and D retract their respective testimonies. Only A and
B have any liability.

1293 They are: sanity, being adult, freedom, being Muslim, being honest and
just (‘adalah), and not being deaf, mute, blind or convicted of making
unsubstantiated allegations of illegal sexual intercourse (gadhf).

1294 The mujtahid exerts his intellect according to the usul (principles) of
his madhhab in order to reach a judgement. Ed.

1295 If someone fears that he, for any reason, is not able to bear the burden
of being appointed a judge or fulfil its duties adequately, and fears that he
may do an injustice, it is disapproved for him to accept this post.

1296 ...of someone else that he has infringed.

1297 ...with reasonable punishment.

1298 “Because, by being removed from office, he rejoined all the other
people and the testimony of an individual is unacceptable particularly if it
pertains to his own actions” (Al-Jawharat an-Nayrah).

1299 Regarding deposits or endowments in the possession of someone.

1300 The open session is public and there is no restriction on attendance.
1301 When the invitation is specifically for him, or private, the judge should
avoid it, otherwise his impartiality could come into doubt in the eyes of the
public.

1302 Their seats must be the same, of a similar quality and position.

1303 The judge must pay equal attention to both parties and not differentiate
between them in any way whatsoever.

1304 All debts, the payments of which are due, are to be discharged
forthwith.

1305 The debtor is obliged to settle debts he has incurred, whether actual or

through contracts such as agreement to pay a dowry or to stand surety for
someone else. He is detained in lieu of property which he has, such as
payment made to him for goods he sold or loans that are repaid.

1306 This refers to fact that he has nothing to pay off his debt with.

1307 And it seems that he was truthful in his claim of being poor and/or
insolvent.

1308 The judge releases him.

1309 The creditors reserve their right to pursue him and to claim their dues
from him, and the judge does not interfere in their issues with the debtor.
1310 The husband is required to provide maintenance for his wife and
children. If he refuses to do so, he may be imprisoned.

1311 When one judge writes a legal document to another judge regarding
rights of people, it may be accepted as long as witnesses testify to its
authenticity.

1312 In this case, the litigant is the defendant.

1313 This may occur when the litigants agree to execute the decision of the
judge at another location which is out of the jurisdiction of this particular
judge but within the jurisdiction of another judge.

1314 This is similar to the previous case but when one of the defendants is
absent and may have already left for that other location. The judge, in this
case, only writes the testimony and evidence which was presented before
him, but leaves the verdict to be issued by the other judge.

1315 This is made by the judge stamping his official seal over the contents
of the document in order to authenticate its author and origin, and to legalise
its official status.

1316 The defendant.

1317 This is the verdict of the deciding judge.

1318 The verdict of an authority is executable only if it is based on qualified
evidence and it does not oppose the sources of Islamic law.

1319 An absentee may appoint a representative to attend the session when
the judge is to issue his verdict.

1320 Free, male, sane, major, Muslim, ‘adil (Someone with moral probity),
not blind, deaf or mute, nor convicted of unsubstantiated accusations of
illegal sexual intercourse (gadhf).

1321 The decision of the arbitrator is final and it binds both parties who
appoint him and who agreed to his decisions.

1322 The ‘agilah are not a party to the arbitration, therefore, the judgement
of the arbitrator is not binding on them.

1323 This pertains to the division of inherited property. A great deal of
inheritance does not necessarily divide up in a simple fashion and it takes
great knowledge and skill to divide it to the satisfaction of the heirs.

1324 The wages of the appointed distributor are paid from the bayt al-mal.
1325 If the leader is unable to pay an appointed distributor from the bayt al-
mal, he should appoint one who is paid by the people when he gives them
their respective shares.

1326 He must not force the people to accept one particular distributor; the
number of distributors may be more than one.

1327 The distributors distribute their respective individual allotments to the
heirs. They do not share any individual or indivisible allotment but are given
separate areas and shares of allotment so as to avoid confusion and
unnecessary contention.

1328 The distributors receive their fees from the heirs according to the
number of those heirs.

1329 Abu Yusuf and Muhammad.

1330 As against note 1328, the distributors shall receive their fees according
to the sizes of the shares they distribute. The bigger the share of the partition
one receives, the more he shall pay to the distributor.

1331 This includes all immovable property.

1332 The claimants must prove the death of he from whom they inherit as
well as the number of those inheriting from him.

1333 Abu Yusuf and Muhammad.

1334 Contrary to note 1332, the heirs need not prove the death or the number
of heirs, and their collective confession is sufficient.

1335 If the property is such that after distribution, each of the partakers may
derive benefit from his own allotted share, the judge should divide and
distribute that property, even if only one of the partakers demands its
division.

1336 When all of the goods are cloth, for example, and unlike contrasting

genera, such as rice, goats, etc.

1337 This is due to the vast contrast between each slave in terms of physical,
mental, temperamental, psychological characteristics, etc.

1338 A part of real estate, like one room of a house or a portion of a larger
piece of land.

1339 If there are ten buildings in one city, irrespective of whether they are
together or scattered around the city, and there are seven co-owners, the
buildings are divided individually between all of the co-owners. For example,
if building A is divided between seven, then building B will be partitioned
between seven, etc.

1340 Abu Yusuf and Muhammad.

1341 Contrary to the verdict of Abu Hanifah, may Allah have mercy on him,
Abu Yusuf and Muhammad, may Allah have mercy on them, see the more
mutually beneficial method to be acceptable in this regard. They accepted the
division of all the buildings together between all the parties, as in, building A
goes to heir No. 1 completely, building B goes to heir No. 2, a bigger
building may be partitioned in order to accommodate another co-owner and
smaller buildings may entitle their holders to share another building also.
1342 The balance must express the division equally according to the
respective shares.

1343 The measurement depends on the nature of the property to be divided,
for example landed property is measured in cubits, and valued according to
its location.

1344 The drains and paths which are imperative portions of the share are
attached to their respective shares but separated from all other shares so that
no link remains with the other shares whatsoever.

1345 This is the division of real estate, as stated above. Dinars and dirhams
are divided separately.

1346 All parties must consent if they wish to include dinars and dirhams in
the preceding issue. The building of A, for example, may be smaller as a
share than those of the others, and hence they may want to offer him some
dirhams or dinars in order to top up his share. In the absence of the mutual
consent of the parties thereto, the distributor divides the real estate in such a
way that the small share of A is compensated with some land of the real
estate in order to balance all of the shares. Dinars and dirhams may not be

used unless all the parties concerned agree to it.

1347 This may include a drain from a building or from land.

1348 The parties had not agreed to make it a part of the partition but to set it
aside.

1349 When the lower storey is in shares and it is the portion in question, and
the upper storey is owned outright by an individual.

1350 In contrast to the previous note, when it is the upper storey in question,
to be shared between two or more, and the lower storey is not in dispute
between them.

1351 When both the upper and the lower storeys are disputed with regards to
their division.

1352 About any point in the division.

1353 In favour of any point in the division.

1354 That he himself has received his own share.

1355 Against whom he has made the claim.

1356 He means that coercion has taken place, not that it is legally valid. Ed.
1357 Coercion is said to have taken place when A threatens B in order to get
him to perform such-and-such an act, and B out of fear of that threat from A
performs the act. It is immaterial by whom the threat is made.

1358 When the coercing individual or group threatens to kill the coerced
individual, severely beat him, imprison him or cause him, or his interests, any
form of harm whatsoever which may compel him to follow their directives.
1359 His property.

1360 Or admits the thousand dirhams, or leases his house, or performs any
act or omission against his own will.

1361 Although this example refers to buying and selling under duress, all
other matters are dealt with in a similar manner.

1362 Money or goods in exchange for the sold goods.

1363 This constitutes a vitiated sale (bay‘ fasid).

1364 In this case, the coerced person shall not claim from the one who was
uncompelled.

1365 Abu Yusuf and Muhammad.

1366 When someone is compelled into saying something which removes
him from the fold of Islam, it is not considered a valid expression of

apostasy. He remains a Muslim and his wife remains legally married to him.
1367 Though there are thirteen different types of jihad (as reported in Sahth
Muslim), this book deals with military campaigns which are undertaken in
order to root out imminent threats and repel armed attacks against the Muslim
community.

1368 The term fard kifayah means a collective or communal obligation.

1369 As is obvious, this comes with its conditions, rules and regulations, for
example, to repel imminent danger and threat of invasion such as when the
enemy is ready to overrun and annihilate the land, etc.

1370 The rights and duties of Muslims and jizyah-paying non-Muslims
living under Muslim governance (dhimmis) are the same.

1371 To accept the invitation of Islam, or to pay jizyah and come to a truce
on other terms.

1372 Firing with catapults and shooting arrows at the enemy is today
replaced with modern means of onslaught, which includes firing shells, laser-
suided missiles, electronic means of attack and even computer hacking —
such as computer viruses, worms, trojans, etc., media warfare, and financial
un-plugging, etc.

1373 Flood their forts if possible.

1374 The legal classification fard kifayah becomes fard ‘ayn when the
enemy invades the lands of the Muslims, and in such circumstances, the wife
does not require permission from her husband to fight nor the slave from his
master.

1375 The warriors can take nothing from the spoils except that which the
leader of the expedition gives them according to the division of the spoils in
the sharr‘ah. Ed.

1376 Those people upon whom the war strategies of the enemy depend and
the opinions of those whom are sought with regards to warfare are not to be
spared because of their danger to the Muslims.

1377 The Imam should inform the enemy of the dissolution of the peace
treaty.

1378 The Imam is not required to inform the enemy of the breach of the
truce in this case.

1379 None of these is a part of the spoils.

1380 Fay’ is that booty taken without fighting which all goes to the Imam to
do with as he sees fit.

1381 Ransoms may not be paid for Muslim prisoners-of-war in the hands of
the enemy in exchange for enemy prisoners-of-war.

1382 Abu Yusuf and Muhammad.

1383 In ownership and possession.

1384 A part of the spoils of war.

1385 With regards to the booty, the one fighting in the battle and the one
who helps in the battle receive equal shares.

1386 If reinforcements reach the Muslim army before the latter has taken the
booty back to the Muslim lands, the former receive a share in that booty.

1387 Those who went with the army for the sake of trading within the army
have no right to the spoils because they did not go out with the army to fight
the enemy but only to trade.

1388 The authorisation of the master for him to do that is immaterial.

1389 The words ‘Turks’ and ‘Romans’ are hypothetical; any two groups that
fight each other are referred to.

1390 Original Muslim property taken by the non-Muslims in battle and then
re-taken by Muslim warriors.

1391 If the goods of a Muslim, A, were taken by the enemy in battle, the
enemy becomes the owner of those goods, but if the Muslims defeat the
enemy and retake their own goods, then A may acquire ownership of his own
goods before division of the booty is made, and he will not be required to pay
for them.

1392 In contrast with the previous case, if the Muslim, A, wishes to seek
ownership of the goods, he must buy them back from the fighter who was
given them in the distribution of the spoils.

1393 Although they may gain them, they never gain full ownership. Thus, if
Muslims regain them in battle, they revert to their original owners.

1394 Abu Yusuf and Muhammad.

1395 Before distribution of the spoils.

1396 i.e. his heirs will not get anything. Ed.

1397 These are the belongings of the killed enemy fighter, that are used in
battle.

1398 The leader takes a fifth. Ed.

1399 The belongings of the fallen enemy fighter form a part of the whole
booty and they are distributed likewise.

1400 Abu Yusuf and Muhammad.

1401 With regards to the shares of the conquering fighters, the old or inferior
horse is considered the same as the superior breed.

1402 The close relatives in this context refers to those closely related to the
Prophet Muhammad “. So, if orphans, the needy and the travellers are close
relatives of the Prophet Muhammad *, they are given gifts from the fifth
before other orphans, needy people and travellers.

1403 There is no actual share for Allah in the booty; it is figurative.

1404 Safi is whatever the Prophet “= would choose for himself from the
booty.

1405 i.e. he does own it but it is prohibited (mahzur) to him.

1406 i.e. at risk of expropriation or being spent otherwise.

1407 Land subject to ‘ushr is tithable, but dissimilarities lie between this
understanding of tithe and that of other religions and cultures, such as
Judaism, Christianity, Sikhism, those applied during the Middle Ages, and
those of modern practices such as governmental collections in different
countries.

1408 A place near Kufa in Iraq.

1409 Today’s Iraq.

1410 A town to the east of the River Tigris in Iraq.

1411 A place near Basra in Iraq.

1412 This was the geographical extent of the Arab lands and those lands to
which the land-tax (kharaj) and ‘ushr (a tenth) taxation laws applied at the
time of the writing of this book, the Mukhtasar by Imam Abu’|-Husayn
Ahmad ibn Muhammad al-Quduri, may Allah have mercy on him.

1413 ‘Ushr, i.e. a tenth of the produce, is payable by the Muslim owners of
such land as zakah.

1414 ...if they are not Muslim.

1415 A river in Iran.

1416 The jarib is sixty cubits by sixty cubits.

1417 This is for the land of the Sawad, as it was then owned by non-

Muslims, and so subject to khard).

1418 One sa‘ is eight ritls in the school of Abu Hanifah, may Allah be
merciful to him.

1419 ‘This is made between the conquering Muslim army and the non-
Muslim owners of the conquered land.

1420 This is the upper class of the society.

1421 This is the middle class.

1422 This is the working class.

1423 According to Abu Hanifah, may Allah have mercy on him, if one has
not paid jizyah for two years or more, then all previous jizyah due lapse from
him and he is only required to pay jizyah for the current year. Abu Yusuf and
Muhammad, may Allah have mercy on them, hold the contrary view making
all previous unpaid dues payable.

1424 The jizyah is taken from him by force, if necessary, and the appropriate
hadd punishments for the above crimes applied to him. Ed.

1425 This is after Islam is offered to him and any doubts that he has therein
are removed.

1426 It shall remain out of his ownership as long as he persists in reneging.
1427 If the renegade returns to Islam and becomes Muslim again, he is
reinstated as the owner of his property.

1428 It is placed in the treasury (bayt al-mal).

1429 They are repaid forthwith from his property.

1430 All trade made during that period remains suspended for the duration
of his reneging.

1431 The ownership of her property does not cease by her becoming a
renegade.

1432 A tribe of the Irag region composed mainly of Christians.

1433 The Banu Taghlib refused to pay jizyah and asked instead to pay zakah
like the Muslims. The Caliph ‘Umar “ accepted their demand and a mutually
agreed amount, double the zakah, was levied upon them in lieu of jizyah.
1434 Because zakah is taken from Muslim women as well as men, the
women of Banu Taghlib were also required to pay it.

1435 Small groups or individuals may rebel against the leader due to doubts
Or misunderstandings and it remains incumbent on the leader to rid them of

such doubts or misunderstandings.

1436 Although they are rebels, they are still Muslims.

1437 It may be that the loyal Muslims require weaponry due to the lack of it,
so whatever weapons they acquire from the rebels, they may use them in any
battle. Nevertheless, after the fighting, and the consequent surrender and
repentance of the former rebels, the weapons must be returned to them, since
they are Muslims and the weapons are their property.

1438 If the rebels had not spent the proceeds of the land-tax (khardj) and the
tenth (‘ushr) rightfully, e.g. they spent it to purchase arms to fuel their
rebellion, etc., then those who paid that are not compelled to pay it again. It
would, however, be better for them that they do pay it again, for the sake of
Allah, exalted is He, and this time to the bona fide representatives of the
Muslim leader.

1439 Abu Yusuf and Muhammad.

1440 This includes anything used to recline on or rest upon.

1441 Abu Yusuf and Muhammad.

1442 Khazz is a mix of fibres which include silk. Ed.

1443 This was written when the Arabic language was very strong among the
Muslims. It is now better, and not disapproved, to use such marks and
diacritical indications for ease of recitation, especially for the benefit of non-
Arab Muslims.

1444 This is permitted but better avoided.

1445 This refers to animal sexual intercourse, and in this case it is
crossbreeding.

1446 The offspring of a male donkey (jack) and a female horse (mare) is a
mule, whereas the offspring of a male horse (stallion) and a female donkey
(jenny) is a hinny.

1447 ‘These are transactions between humans, such as contracts, agency,
Surety, trade, etc.

1448 This is only when we are inclined to believe their statement to be true.
1449 These are the affairs between Allah, exalted is He, and humans, such as
prayer, oaths, fasting, etc.

1450 This is the same as the preceding issue.

1451 These are those with whom marriage is permanently forbidden,

irrespective of their relationship by blood, milk or affinity.

1452 This permits the viewing of the permitted parts of any unmarried
woman, which is her face and her palms.

1453 The sale of fruit juice is itself lawful.

1454 It is not permitted for the testator to bequeath anything in favour of
someone who is already inheriting from him, unless all the other heirs to the
inheritance of this testator, after his death, agree to it and allow such a
bequest to go ahead.

1455 The maximum amount that one may bequeath is a third of the property.
1456 If someone had made a bequest to another person who was later
responsible for his death, whether accidently or not, that bequest would not
be carried out. Ed.

1457 The general rule requires the legatee to accept the legacy after the death
of the testator. This proviso describes the situation when the legatee dies
before his acceptance of the bequest. Due to the nature of the case, the
bequest is made a part of the property of the deceased, by way of juristic
preference (istihsan), and his heirs inherit it.

1458 The associated person appointed by the judge assists the one
bequeathed to in the implementation of the bequest.

1459 In matters other than these, neither of the two legatees may transact
with the shared bequest without the consent of the other.

1460 The maximum amount which may be bequeathed is a third, otherwise
the unanimous approval of the heirs is to be sought. In this case, in total, two-
thirds of the property have been bequeathed to two persons. Lacking approval
from the heirs, the maximum of a third is divided equally between the two
legatees, which makes the maximum amount to each legatee a sixth of the
total property of the deceased.

1461 The sixth is returned to the inheritance. The third is divided into three:
two-thirds for the legatee who has been bequeathed a third, and a third for the
legatee who has been bequeathed a sixth.

1462 Out of the four portions, three is for the one to whom the entire
property was bequeathed, and one portion is for the legatee to whom a third
of the property was bequeathed.

1463 Muhabah: when A, the testator, bequeaths that an item worth nine
hundred dirhams be sold to legatee, B, for three hundred dirhams, then B has

acquired the benefit of six hundred dirhams (two-thirds bequeathed), as
muhabah. This issue of muhabah is valid subject to the total bequest being
within a third of the property of the testator. In this case, the sum total of the
bequest by way of muhabdah is six hundred dirhams. If the testator has other
property totalling a value of twice that of the bequest (i.e. two-thirds of the
total property), which in this case would be a minimum of twelve hundred
dirhams, then such a bequest would be valid; B having acquired the benefit of
receiving two-thirds of the item as bequest via muhabah, though that amounts
to less than one-third of the total property of the testator.

If the total comprises more than a third of the property of the testator, i.e.
he has no other property, and the heirs do not approve of the bequest, then
they should leave out a third value for that item, which is three hundred
dirhams, and receive the value of the remainder, in which case B, the legatee,
pays six hundred dirhams.

1464 Si‘ayah: when A, the testator bequeaths the freeing of his two slaves, B
and C, who are worth nine hundred dirhams and 2700 dirhams, respectively,
and A has no other property, but the heirs do not approve of the bequest due
to it being more than a third, the slaves are freed to the extent of a third of
their individual values, together making up a third of their associated value of
a third, i.e. B is freed according to three hundred dirhams of his worth and C
according to nine hundred dirhams of his worth. With regards to the
remainder of their values, they have to pay that off, six hundred dirhams and
eighteen hundred dirhams respectively.

1465 Darahim mursalah: when A, the testator bequeaths three hundred
dirhams to B and six hundred dirhams to C but his total property is only nine
hundred dirhams, if the heirs do not agree to that, then a total of a third of the
entire wealth of the testator is distributed amongst the people to whom he has
made a bequest. In this case, out of nine hundred dirhams, a third of the total
property of the testator, which is three hundred dirhams, is shared between
the legatees, one hundred dirhams and two hundred dirhams for B and C,
respectively.

1466 The payment of the debt is a priority over that of the bequest.

1467 That is the terminal illness which confines him to his bed and leads to
his death.

1468 When he is on his deathbed he no longer has free disposal of his

property apart from the third from which he can make a bequest. His dying
actions are of the same status as bequests. Ed.

1469 All people who receive bequests (legatees) may partake in this and they
are not entitled to anything else.

1470 Abu Yusuf and Muhammad.

1471 Abu Yusuf and Muhammad.

1472 If either of the two leave behind enough property to constitute a legal
bequest, their bequest is nevertheless invalid due to their legal incapacity.
1473 Such as the husbands of his daughters, his sisters and any other un-
marriageable female relatives, even his mother and grandmother. Ed.

1474 If the testator bequeaths some property and states that such-and-such a
portion should go to his relatives, that bequest includes two persons or more
from amongst his un-martriageable relatives, and it does not include his
parents or his children because they receive fixed shares (fara’id) and thus
may not receive bequests from him. Ed.

1475 Abu Yusuf and Muhammad.

1476 The slave-woman and her child.

1477 Li’dh-dhakari mithlu hazzi’l-unthayayn (Surat an-Nisa’ 4:11).

1478 A sixth.

1479 Howsoever low, great-grandson, etc.

1480 Howsoever high, great-grandfather, etc.

1481 The homicide cannot inherit from the person whom he has killed,
whether accidentally or deliberately.

1482 A Muslim cannot inherit from a non-Muslim nor can a non-Muslim
inherit from a Muslim. However, non-Muslims may inherit from each other
even if they are of different religions. Ed

1483 The Qur’an.

1484 A full sister and a full brother are also known as sister-german and
brother-german respectively, although the usage is archaic.

1485 If the deceased wife leaves a child.

1486 When the child, or grandchild, exists.

1487 Two daughters or more, will together be given two-thirds to be shared
between them. The same applies to two granddaughters or more from the son
when no proper daughter exists, two full sisters or more, and two or more

half-sisters from the father in the absence of a full sister.

1488 The residue of the estate, after the legally appointed persons have been
given their shares, is her fixed share in two cases.

1489 This applies when there are no heirs other than the spouse and both
parents of the deceased.

1490 After the husband or the wife, as the case may be, is allotted his or her
fixed share, the mother is given a third of whatever remains.

1491 Uterine brothers and sisters, if they are two or more, jointly inherit a
third of the inheritance.

1492 If the deceased leaves a child or grandchild [from a son].

1493 This includes sisters, full, agnatic and uterine, when they are two or
more, in any combination.

1494 Along with a child or a grandchild from the son of the deceased.

1495 The grandmother may be from either side, maternal or paternal.

1496 Both paternal and maternal grandfathers are included.

1497 He renders them residuaries (‘asabah) in terms of inheritance, i.e. the
‘asabah are those who inherit when there are no direct heirs or they inherit
the residue of the estate when the fixed shares are distributed.

1498 Paternal uncles of the father.

1499 Full brothers are stronger in relation and in ties than half-brothers from
either the father or the mother.

1500 This is known as mugdsamah.

1501 Li’dh-dhakari mithlu hazzi’l-unthayayn (Strat an-Nisa’ 4:11).

1502 The males shall inherit but not the females.

1503 The males have twice the share of the females at that level, i.e. in
relation to their sisters.

1504 The paternal uncle at some point was married to the mother of the
deceased, so that his son is both a cousin and a uterine brother to the
deceased.

1505 Including the Jews and the Christians.

1506 ‘These two cases are hypothetical; this applies to any case wherein
multiple deaths have occurred simultaneously of those who would have
inherited from one another, and the sequence of their deaths cannot be
ascertained.

1507 Otherwise, some of them would have inherited from others, and then
that would have gone, in turn, to their heirs.

1508 This is like a Magian father marrying his own daughter. Here we find a
clash of relationship which is that of daughter and wife. If he died, she would
inherit from him in two ways; as a wife and as a daughter. Islam has
forbidden such incestuous relationships and, hence, inheritance applying
thereto.

1509 The process of imprecation by both parties (li‘an) (See Chapter of
Li‘an — Imprecation by Both Parties).

1510 The distribution of the inheritance remains suspended.

1511 Wad‘ al-hamal in this regard refers to being relieved of the pregnancy,
whether delivering the child alive, stillborn, suffering a miscarriage or having
an abortion.

1512 She is the great-grandmother of the deceased.

1513 This is a comparative clause where the closer distant kindred are more
deserving to inherit than those who are relatively further.

1514 After the heirs who have fixed shares have been given their shares and
an amount is left over, in the absence of residual heirs, the master who freed
the slave inherits that amount.

1515 With regards to the contract of clientage, for example when a man
takes on the clientage of another person who accepts Islam, the master has a
right in the inheritance left by the client (mawla).

1516 Abu Hanifah and Muhammad, may Allah have mercy on them.

1517 If the largest share of the inheritance is a half, then the largest common
denominator is two, hence, the shares are divided from two.

1518 As in the previous note, the largest common denominator forms the
basis of distribution, which in this case is three.

1519 Contrary to the first case, the inheritance is divided in fours here.

1520 This refers to the doctrine of ‘awl, where in the case in which shares
such as those aforementioned cannot be determined due to the number of
shares exceeding the total inheritance, such denominators may be increased
in order to accommodate all the heirs in fairness. For instance, if a woman
dies leaving behind her a husband and two sisters, the husband would take a
half of the property and the sisters would take two-thirds. This would leave

us with an impossible scenario if we were to divide the property in twos or
threes. If the husband was to be given a half, the sisters would only be left
with a quarter each, and if we were to give the sisters two-thirds, the husband
would only receive a third. In a case such as this, we raise the number of
shares to seven, where the husband takes three shares and the sisters take two
Shares each, seven in total between them. Likewise one deals with shares
rising to eight, nine and ten.

A similar case was first dealt with during the time of the Caliph ‘Umar ibn
al-Khattab «4 and the decision reached on it is the basis for this subject.
1521 In this case, the basis is four because the wife gets a quarter.
1522 The wife receives two-eighths and the brothers share six-eighths
between them.
1523 The three shares cannot be given to six brothers properly unless we
find the highest common factor between them, which is two. We multiply
three by two and achieve six, which now distribute equally between the six
brothers.
1524 In this issue, the common denominator is four, the wives share a
quarter and the two brothers are entitled to the remainder of three-quarters
which do not divide equally between them. We multiply the denominator,
which is four, with two to achieve eight. We can now give two shares, one
each, to the wives and six, three each, to the brothers.
1525 When you have multiplied using the bigger number, which is four, then
you do not need to multiply using the smaller number, two.
1526 Six multiplied by two or three multiplied by four, both of which give
twelve.
1527 The inheritance is divided into forty-eight shares, which are easily
divisible among the heirs without any awkward fractions. Ed.
1528 This forms the basis of the issue, the denominator.
1529 The basis of the case, for example, is four: the four wives have a
quarter, the sister a half, and the paternal uncles a share which is divided
among them, and they are six in number. So multiply half the number of
wives by the number of uncles, i.e. two times six, and that gives twelve, and
then multiply it by the obligatory shares, which are four (because the
inheritance is originally divided into quarters) and you get forty-eight shares,
of which the wives get a quarter or twelve shares, three shares each, the sister

sets twenty-four shares, and the uncles get twelve shares, two shares each.
This case is taken from al-Jawharat an-Nayrah in explanation of this
paragraph. Ed.

1530 The issue is worked out according to the aforementioned relevant
examples.

1531 Such as a wife, a sister by the father, a mother and four paternal uncles.
Moreover the inheritance was not divided before one of the uncles dies
without any heirs apart from his siblings. The first case is based on four, the
wife taking a share, the sister two shares, the uncles a share divided between
them. So multiply the four [shares] by four [uncles] and you will get sixteen,
the wife taking four, the sister eight, and the uncles four, each one taking one
share. One of them [the uncles] dies leaving behind him his three siblings,
and in his hand there is the one share which is not divisible among his heirs
[without using fractions]. So multiply the case, which is three [because of the
number of his siblings] by the sixteen [shares which have not been shared out
among the heirs of the first deceased] and it will be forty-eight, of which the
correct result is that the wife gets four multiplied by three which will be
twelve, that being a quarter of the entire [inheritance of the first deceased],
the sister gets eight multiplied by three which is twenty-four, and that is a
half [of the original inheritance] and there remain twelve for the remaining
heirs [the uncles] each one receiving four. (Al-Jawharat an-Nayrah). Ed.
1532 An example of this is a husband [who gets a half of his wife’s estate]
and two brothers [who share a half of their sister’s estate], which correctly is
from [a basis of] four, and then the husband dies and leaves four sons [from
another wife]. Its basis is four and the two [cases] agree on [being divisible]
by a half. So multiply a half of their [the sons’] number [i.e. a half of four is
two] by all of the other [four shares from the first case] and it will be eight
[shares]. From this the two cases will be correct: the two brothers get four
[two shares each] and the children of the husband get four shares, [one share
each]. (Al-Jawharat an-Nayrah). Ed.

1533 There are forty-eight grains in a dirham.

1534 Its form is: a husband [who takes a quarter of his deceased wife’s
estate], two parents [each of whom takes a sixth] and a son [the case being]
from twelve [shares] and then the son dies leaving a son, a father, and a
srandmother and grandfather, they [the father, grandfather and grandmother]

being the ones left by the first deceased, and he has in his possession five of
the twelve [shares left by his mother] and the basis of his fixed share is from
six, so multiply the second [six] by the first [twelve] and it will be seventy-
two, of which the father [of the deceased woman] takes in the first [case]
twelve [shares] but he gets nothing in the second case because he is the father
of a [deceased] mother, and the mother gets seventeen, the husband in the
two cases, and he is the father in the second twenty-three [shares] and the son
in the second [case gets] twenty [shares].

So divide the [seventy-two] shares of the case by the grains of the dirham,
which are forty-eight, so that half a share comes out as thirty-six, that
corresponding to half a dirham which is twenty-four [grains], and a third of a
Share is twenty-four corresponding to a third of a dirham which is sixteen
[grains], every share being two-thirds of a grain, and for three shares there are
two grains, and the quarter [share] is eighteen [grains]. The dadniq is ten, the
eighth nine, the girat six shares, and the tassuj — which is half a girat — and it
is two grains or three shares, and the grain is a share and a half, and every
share has two-thirds of a grain (Al-Jawharat an-Nayrah). Ed.

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Full text of "The Mukhtasar Al Quduri"

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